PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE USING THE SERVICES AND SOFTWARE DESCRIBED HEREIN. BY SELECTING “I AGREE”, USING OUR SERVICES OR DOWNLOADING OR USING MICROWORK APP, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS AND YOU ARE AGREEING TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES OR DOWNLOAD OR USE THE MICROWORK APP.
1. These terms 1. What these terms cover. These are the terms and conditions on which we supply digital content to you, or buy it from you.
2. Why you should read them. Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide products to you, how you and we may change our terms and conditions, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or provisions, which you do not understand, please contact us to discuss.
2. Information about us and how to contact us 1. Who we are. We are General Blockchain Inc. a company registered in Delaware, USA. Our registered office is at 553 Jackson Street, San Jose, CA-95112, USA, our company registration number is 3812333 and our registered VAT number is EIN 81-1737557. We may also refer to ourselves as Microwork. 2. How to contact us. You can contact us by writing to us at email@example.com, or use any other communication channel, which we use, such as Slack or Facebook Workplace.
3. How we may contact you. If we have to contact you we will do so by by writing to you at the email address you provided to us in your account settings.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our products 1. Product. We create datasets and APIs to train machine-intelligence using intellectual services provided by means of human computation and human machine interfaces. Our platform, available via microwork.io(“Website”), and our mobile app, enable you to choose a task in accordance with the task requirements and contribute them to our platform. We operate as an intermediate service between entities, who buy the datasets, and users, who create them by doing those tasks. We reward our users for their contributions in accordance with the terms, set out for each particular task.
2. Wallet. Wallet means a wallet created automatically for every user. All rewards, belonging to the user for their contributions, are recorded in the Wallet, and transaction history (deposits and withdrawals) can also be seen. Funds, recorded in the Wallet, belong to us, and therefore we do not provide wallet or custodial services. You can acquire or receive the funds by requesting a transfer (Withdrawal) from us to you. Only rewards, provided for users contributions to our platform, are recorded in the Wallet. Withdrawals from the Wallet are only possible in Ether cryptocurrency. 4. Providing the service 1. Reasons we may suspend the Product. We may suspend the Product at any time without explanation. In such case, we undertake to enable withdrawal of rewards from the Wallet. 2. We may suspend the Wallet if:
a) we have to deal with technical problems or make minor technical changes; b) we update the Wallet or Product to reflect changes in relevant laws and regulatory requirements.
5. Taxes 1. It is your responsibility to determine what, if any, taxes apply to the transactions you complete via our Products, Website or Apps. It is your responsibility to report and remit the correct tax to the appropriate tax authority and all your factual and potential tax obligations are your concern. You agree that we are not in any case and under no conditions responsible for determining whether taxes apply to your transactions or services or for collecting, reporting, withholding or remitting any taxes arising from any transactions or services. You also agree that we are not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues.
6. Risks 1. You understand that blockchain technology, Ethereum, Ether, machine intelligence and other associated and related technologies are new and untested and outside of our exclusive control and adverse changes in market forces or the technology, broadly construed, will excuse our non-performance under this agreement.
2. In addition to the above, you also acknowledge that you have been warned of the following risks, associated with the Website, the Product, the Wallet and other relevant technologies mentioned herein.
a) GENERAL RISK. You understand that our services, blockchain technology, all other cryptocurrencies and cryptographic tokens, proof of work concept and other associated and related technologies are new and untested and outside of our control. You acknowledge that there are major risks associated with these technologies. In addition to the risks disclosed below, there are risks that we cannot foresee and it is unreasonable to believe that such risk could have been foreseeable. The performance of our obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms clearly no longer comply with our expectations, (ii) it would be unjust to enforce our obligations in the general opinion or (iii) our obligation becomes impossible.
b) ACCOUNT ABUSE. You acknowledge that there is risk associated with your account abuse and that you have been full informed and warned about it. The funds recorded in the Wallet may be disposed by third party in case the third party obtains your login credentials. You should protect your login credentials and your electronic devices where the login credentials are stored against unauthorized access.
c) REGULATORY RISK. You acknowledge that there is risk associated with future legislation which may restrict, limit or prohibit certain aspects of blockchain technology which may result also in restriction, limitation or prohibition of our services and that you have been fully informed and warned about it.
d) RISK OF HACKING. You acknowledge that there is risk associated with hacking of our services and the Wallet and that you have been fully informed and warned about it. Hacker or other groups or organizations may attempt to interfere with our services or the Wallet in any way, including without limitation denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks or consensus-based attacks.
e) CRYPTOCURRENCY, SMART CONTRACT AND BLOCKCHAIN NETWORK RISKS. You acknowledge that there is risk associated with the cryptocurrencies, smart contracts and blockchain network performance, which are used within our services and the Wallet, and that cryptocurrencies are also used as payment method and that you have been fully informed and warned about it. Cryptocurrencies are prone to, but not limited to, value volatility, transaction costs and times uncertainty, lack of liquidity, availability, regulatory restrictions, policy changes and security risks.
f) WALLET RISK. You acknowledge that there is risk associated with funds recorded in your Wallet and that you have been fully informed and warned about it. You acknowledge that the funds recorded in the Wallet are not yours and they only belong to you after you transfer them to your own wallet. All funds recorded on the Wallet are entirely uninsured in contrast to the funds held on the bank account or other financial institutions which are insured. We recommend you frequently withdrawing the funds to a secure facility.
7. Warranties and liability
1. The Product, the Wallet and all other related services are provided “as is”. We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Product, Wallet and other services, including any warranty that the they will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
2. Microwork and its affiliates and their respective officers, employees or agents will in regard to the Product, Wallet our website and other related services not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages.
3. You warrant to us that you will not use the Product, the Wallet, our website and other services for any purpose that is unlawful or prohibited by these Terms. You also warrant that while using our Product, namely taking photos and contributing them to us, you will not commit any illegal or prohibited act and you will not breach third party rights, in particular privacy rights.
4. We will not be responsible for any compensation, reimbursement, or damages arising in connection with:
(i) your inability to use our services, including without limitation as a result of any termination or suspension of our website, Product or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance, failures in Ethereum network (ii) the cost of procurement of substitute goods or services, (iii) any your investments, expenditures, or commitments in connection with these Terms or your use of or access to our services, (iv) your reliance on any information obtained from us, (v) Force Majeure Event, communications failure, theft or other interruptions or (vi) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with our services, Product or Wallet.
5. Our aggregate liability (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Product, Wallet our other services, or inability to use the Product, Wallet or other services under these Terms or under any other document or agreement executed and delivered in connection herewith or contemplated hereby, shall in any event not exceed 100 EUR per user.
6. You will defend, indemnify, and hold us harmless and all respective employees, officers, directors, and representatives from and against any claims, demand, action, damages, loss, liabilities, costs and expenses (including reasonable attorney fees) arising out of or relating to
(i) any third-party claim concerning these Terms, (ii) your use of, or conduct in connection with, our services, (iii) any feedback you provide, (iv) your violation of these Terms, (v) or your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
9. Intellectual property 1. We retain all right, title and interest in all of our intellectual property, including inventions, discoveries, processes, marks, methods, compositions, formulae, techniques, information, source code, brand names, graphics, user interface design, text, logos, images, information and data pertaining to the Product, Wallet, Website or any other of our services (hereinafter: “Microwork IP”), whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon. You may not use any of our intellectual property for any reason, except with our express, prior, written consent.
2. These Terms shall not be understood and interpreted in a way that they would mean assignment of intellectual property rights, unless it is explicitly defined so in these Terms.
3. You are being granted a non-exclusive, non-transferable, revocable license to access and use the Website, Product and the Wallet strictly in accordance with these Terms. As a condition of your use of the Website, Product and the Wallet you warrant to us that you will not use the Website, Product, Wallet or other of our services for any purpose that is unlawful or prohibited by these Terms.
4. All Microwork IP is the property of Microwork and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
5. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Microwork IP, in whole or in part, found on the Website or associated products and services. Microwork IP is not for resale. Your use of the Microwork IP does not entitle you to make any unauthorized use of any Microwork IP, and in particular you will not delete or alter any proprietary rights or attribution notices in any Microwork IP. You will use Microwork IP solely for your personal use, and will make no other use of Microwork IP without the express written permission of Microwork and the copyright owner. You agree that you do not acquire any ownership rights in any Microwork IP. We do not grant you any licenses, express or implied, to the intellectual property of Microwork except as expressly authorized by these Terms.
10. Other important terms 1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Natural persons and legal entities that are not capable of holding legal rights and obligations are not allowed to create an account with us and use our Products and Wallet or other related services. If we become aware that such natural person or legal entity has created an account with us or has used the Product or the Wallet, we will delete such account and disable any of our Products and block access to such natural person or legal entity.
6. If you register to use our Product or Wallet on behalf of a legal entity, you represent and warrant that
(i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
7. These Terms form the entire agreement and understanding relating to the subject matter hereof and supersede any previous and contemporaneous agreements, arrangements or understandings relating to the subject matter hereof to the exclusion of any terms implied by law that may be excluded by contract.
8. Headings of sections and bolded text are for convenience only and shall not be used to limit or construe such sections.
9. No failure to enforce nor delay in enforcing, on our side to the Terms, any right or legal remedy shall function as a waiver thereof, nor shall any individual or partial exercise of any right or legal remedy prevent any further or other enforcement of these rights or legal remedies or the enforcement of any other rights or legal remedies.
10. We reserve the right to make changes, amendments, supplementations or modifications from time to time to these Terms. We suggest that you review these Terms periodically for changes. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the on our website, placing a popup window after login to your account or by posting the amended Terms on our website and updating the date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of our services. In all other cases, the amended Terms will become effective for pre-existing users upon the earlier of either:
(i) the date users click or press a button to accept such changes in their account, or (ii) continued use of our services 30 days after we provide notice of such changes. Any amended Terms will apply prospectively to use of our services after such changes become effective.
11. The notice of change of these Terms is considered as notice of termination of all rights and obligations between you and us derived from these Terms with notice period of 30 days, if you do not accept the amended Terms. If you do not agree to any amended Terms,
(i) the agreement between you and us is terminated by expiry of 30 days period which starts after we provide you a notice of change of these Terms, (ii) you must discontinue using our services and (iii) you must inform us regarding your disagreement with the changes and request closure of your account. If you do not inform us regarding your disagreement and do not request closure of your account, we will deem that you agree with the changed Terms.
12. Which laws apply to this contract and where you may bring legal proceedings. Any dispute, controversy or claim arising out of or in connection with these terms, including the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia. The Arbitral Tribunal shall be composed of a sole arbitrator. The seat of the arbitration shall be Ljubljana, Slovenia. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Republic of Slovenia.
13. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to a European Commission Online Dispute Resolution Platform via their website at http://ec.europa.eu/odr. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
14. These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact us and immediately navigate away from our website.