Terms of Use

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Solvᵀᴹ Platform Terms of Use Agreement (for U.K. and Ireland based Solvers)

Solvᵀᴹ Platform Terms of Use Agreement (for U.K. and Ireland based Solvers) Welcome to Solvᵀᴹ, provided by Concentrix Europe Ltd (or the “Company”, “we,” “our”, or “us”). Solv’s platform and services allows our client companies (“Clients”) to build networks of solver contributors (“Solvers”) who respond and answer questions for various Client end user customers.
This Terms of Use Agreement (“Terms”) is an agreement between the Company and each of you as a Solver (“Solver”). The Terms govern your access to and use of the Solvᵀᴹ platform, the tools made available to you to interact with the platform, software, mobile apps, and services (“Solvᵀᴹ Platform”), Company’s provision of the Solver Platform is referred to as “Services”. Solvers may use the Solvᵀᴹ Platform and Services to perform tasks and other work, responding and answering customer questions (“Solver Tasks”) on behalf of Clients. Any answers to customer questions and other information you author or create in the course of your performance of Solver Tasks on behalf of a Client is referred to as “Solver Content”. Solvers provide work solely as Independent Contractors and are in no way employees of the Company or any of the Clients which they service. In order for you to obtain access and use the Solver Platform, you must read and agree to these Terms and the Privacy Policy which is incorporated into the Terms. These Terms do not bind Clients or any Client Customers. Your relationship with the Company is limited solely to the terms contained in this Agreement and the Privacy Policy which govern your use of the Solver Platform. Lastly, Clients which you service may require you to agree to separate terms and conditions as required by each Client.

BY ACCESSING OR USING ANY ASPECT OF OUR SERVICES, YOU ACCEPT AND AGREE TO THE TERMS, WHICH INCLUDE AND LEGALLY INCORPORATE OUR PRIVACY POLICY

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY ENTERING AND EXECUTING THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE REVIEWED ALL TERMS AND HAVE TAKEN TIME TO UNDERSTAND THE TERMS.


1. Platform, Services and Solvers
1.1 Overview. The Solver Platform allows third party Clients to build a network of Solvers , who can earn money as a result of successfully answering questions and/or providing information to customers of the applicable Client.
1.2 Account Registration, Privacy Policy and other Terms. To apply to become a Solver, you must be at least 18 years of age, capable of entering into legally binding contracts, and register for a (“Solvᵀᴹ Account”) by providing certain information about yourself (“Registration Information”), as detailed in and subject to our Privacy Policy and incorporated into these Terms. By registering for a Solvᵀᴹ Account, you fully authorize us and/or our Third Party Providers to verify all Registration Information. Solvᵀᴹ or Clients may impose additional requirements on you and your eligibility (“Supplemental Terms”). You will be given an opportunity to review and consent to any applicable Supplemental Terms.
1.3. Solver Qualification and Responsibilities. Once your Solvᵀᴹ Account and Registration Information are verified (if required), you are eligible to take applicable tests which may include, but are not limited to, skills and language tests, to determine your qualifications, skills and expertise and to be routed to a specific client or clients in order for them to engage you as independent contractors to perform Solver Tasks on behalf of Clients. You represent and warrant that: (a) your Solvᵀᴹ Account and Registration Information are truthful and accurate; (b) you will maintain the accuracy and completeness of such information; and (c) your use of the Services and performance of Solver Tasks does not violate any applicable law or these Terms. You may delete your Solvᵀᴹ Account at any time and for any reason, by following the instructions provided in the Services. We reserve, at all times, the right to accept or reject your application for a Solvᵀᴹ Account, as well as your initial and ongoing participation in the Services. You are responsible for maintaining the confidentiality of your Solvᵀᴹ Account login information and any 3rd Party login in (where required) and are fully responsible for all activities that occur under your Account. You must notify Solvᵀᴹ immediately if you suspect that your Account has been compromised, your account information stolen or used by someone else or any other breach or suspected breach of security.
1.4. Conduct, Confidentiality and Data Protection. You shall maintain a high level of professionalism, including complying with your conduct and confidentiality responsibilities, as referenced in the sections on Conduct and Confidential Information below. For privacy, data protection and security purposes, you also agree to comply with additional duties and safeguards concerning protection of Confidential Information that may be provided to you by Solvᵀᴹ. You specifically agree that you may not copy, use or store Confidential Information. We may suspend or limit your rights to use the Services at any time for any reason at our sole discretion, including any use of the Services in violation of these Terms.
1.5. Independent Solver. As a Solver, you will provide services as an independent contractor and in no way shall you be considered an employee of the Company or any clients for whom you provide services. You are solely responsible for your performance of Solver Tasks and activity related to the Services, including any equipment, devices and connectivity you require to perform said Services. The Services help to optimize the routing and resolution of tasks to perform Solver Tasks, but Solvᵀᴹ does not assume responsibility for any Solver Content or for actions by any independent third-parties, including but not limited to Solver, Clients, or Clients’ Customers.

2. Licenses, Restrictions and Disclaimers.
2.1. Grant. Subject to these Terms, we grant you a non-transferable, non-exclusive license to access and use the Solv Platform and receive the Services for the purpose of viewing Client requests for and performance of Solver Tasks.
2.2. Restrictions. You will not: (a) license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, the Solver Platform or technology thereunder; (b) modify, copy, distribute, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, the Solver Platform or related technology; or (c) access the Services in order to build a similar or competitive service or technology; or (d) share any of your passwords, access protocols or other methods of accessing the Services.
2.3. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services, or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
2.4. Ownership. You acknowledge that all the intellectual property rights in the Services and the Solv Platform are owned by us, our licensors and Third Party Providers (as defined below). The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our licensors reserve all rights not granted in these Terms. Without limiting the generality of the foregoing, all trademarks, logos and service marks (“Marks“) displayed on the Services and the Solver Platform are our property or the property of other third party licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party licensors and Third Party Providers which own the relevant Marks.
2.5. Third Party Providers. Certain features of the Services may be operated by third party providers (“Third Party Providers”). To use the features of Third Party Providers, you may be required to create an account with, or otherwise login to, the applicable Third Party Provider. Any information provided through a Third Party Provider feature is collected by the applicable Third Party Provider on its servers, and is governed by its terms of service and privacy policy. That information may be shared with Solvᵀᴹ; and you hereby consent to the Third Party Provider sharing that information with Solvᵀᴹ.
2.6. Not Part of the Services. The Services may be made available through independent Client websites, help desks, and other online properties and digital customer service channels. Our Clients are responsible for these independent properties and configuration of Solvᵀᴹ technology that offers requests to perform Solver Tasks. None of the activities of Solvers, Customers, or the performance of any Solver Tasks is provided by Solvᵀᴹ, or the responsibility of Solvᵀᴹ.

3. Content
3.1. General. You are solely responsible for your Solver Content and any activity related to Solver Content or use of the Services for the purpose of providing Solver Content. You assume all risks associated with provision of Solver Content and activity related to providing Solver Content, including any reliance on its accuracy, completeness, or usefulness by others. The Company acknowledges that you may assign any and all rights and interests you may have in or to Solver Content to a Client that engages you to author and/or create the applicable Solver Content. Any rights or interests you may have in or to Solver Content are limited to answers and information that you author or create on behalf of a Client. Solver Content does not include the Solvᵀᴹ Platform, the Services or any intellectual property rights in or to the Solver Platform and Services, including, without limitation, any answers or information authored or created by other Solvers that may be retained in, on or with the Solver Platform and Services.

4. Conduct
4.1. Acceptable Use Policy. The following sets forth our “Acceptable Use Policy“ for your use of the platform: You understand that content provided by any user, including Solver Content or other content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created the respective content. This means that you, and not we, are entirely responsible for content that you upload, post, email, transmit or otherwise make available via the Services, including any task you view or complete. Specifically, you must not use the Services to:
  • upload, post, email, transmit, or otherwise make available Solver Content or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, objectionable, or infringing of any patent, trademark, trade secret, copyright or other proprietary or third party rights;
  • upload, post, email, transmit or otherwise communicate or post Solver Content or other content that is disparaging of any Client’s or the Company’s products, services, brands, policies, operations, staff or the like. upload, post, email, transmit, or otherwise make available any Solver Content or other content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • state or imply that your Solver Content or other content is in any way provided, sponsored or endorsed by us, a Client, or any other company, organization or association;
  • impersonate any person or entity, including, but not limited to, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • collect or store personal data about other Solvers, Client personnel, or a Customer’s end users;
  • harm minors in any way;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Government as a foreign terrorist organization;
  • violate any applicable local, state, national or international law;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Solver Content transmitted through the Services;
  • create multiple Solvᵀᴹ Accounts, or “game” the system in order to falsely earn points, rewards or reputation, including without limitation by getting friends to submit solver content or other content, or using crowd labor platforms to boost results;
  • interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks, including using any device, software or routine to bypass our robot exclusion headers;
  • attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means.
  • violate any documented standard, rule, code of conduct or the like as posted in Company’s (“Solver Hub”), which Solvers agree to check regularly for updates.
5. Relationship
5.1 General. You represent and warrant that, unless otherwise agreed in writing by Company or the Client for which you perform Solver Tasks, you are not an employee or agent of Company or such Client. You expressly disclaim any employment relationship with Company and any such Client(s). You agree that your sole relationship with Company is the agreed terms of use contained herein in order for you to access and use the platform. You further agree that any work or services you provide will be performed as an independent contractor. Nothing about your participation with Company, its Clients, Customers or other Solvers is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
5.2 Employment Indemnity. As this agreement constitutes a contract for the provisions of services and not a contract of employment, you shall indemnify Solvᵀᴹ, the Company and/or the Client (or any of their group companies) for and in respect of:
5.2.1 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your services or Solver Content under this agreement, where the recovery is not prohibited by law. You shall further indemnify Solvᵀᴹ, the Company and/or the Client against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Solvᵀᴹ, the Company and/or the Client in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
5.2.2 any liability arising from an employment related claim or claim for worker status (including reasonable costs and expenses) brought by you against Solvᵀᴹ, the Company and/or the Client arising out of or in connection with your services, Solver Content or other content, under this agreement.
5.2.3 Solvᵀᴹ, the Company and/or the Client may at its option satisfy such indemnity (in whole or part) by way of deduction from any payments due to you.
5.3 Control When Completing Tasks. In the event you elect to respond to requests to perform Solver Tasks, in no event shall Company or any Client have control over your work or methods of contribution or provision. As an independent contractor you will: choose which Client requests for performance of Solver Tasks to respond to, set your hours of work and amount of time worked; determine your own patterns and methods of work; use your own devices, supplies, tools, and equipment, including internet access; perform work for any third parties of your choosing; and perform all work independently. You will not: use any property or equipment of Solvᵀᴹ or its Clients; perform any services on any premises of Clients; be required to provide any reports, written or oral, to Clients; or be integrated into the business operations or dealings of Solv’s Clients. Neither Solvᵀᴹ nor any of its Clients will: pay for your expenses; provide instructions or direction to you on the location, time, methods, or means of performance of services; or supervise you in any form, fashion or manner.

6. Payment
6.1 Payment. Company will facilitate payments to you on behalf of each Client via PayPal or some other third party payment processor. Solvᵀᴹ, in its sole discretion, will select a payment processor and you must create an account with this payment processor to receive payment. Payment shall be facilitated in accordance with the applicable Clients’ acceptance policy for the performance of Solver Tasks. In order to direct payment to you as a Solver, we require information to verify your identity and to combat fraud. Solvᵀᴹ reserves the right (but do not assume an obligation), at our election or upon request from the applicable Client or upon notice of any potential fraud, unauthorized charges or other misuse of the Services, to place on hold or cancel any payment. 6.2 Taxes. If you provide Solver Tasks, you are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to receipt of rewards in connection with providing solver content and receiving payments therefor. Solvᵀᴹ, the payment processor or the applicable Client will report (and may withhold withholding taxes with respect to (to the extent required by law)) payments to you to the Internal Revenue Service (or other taxing authorities) as required by law. 7. Confidential Information
7.1 Confidential Information Scope. You acknowledge and agree that any information you receive in connection with a request to provide Solver Tasks constitutes proprietary, confidential information of (a) the applicable Client, or (b) applicable Client’s Customers (as applicable the "Disclosing Party"), whether or not marked as proprietary, confidential, personal, or other reference (collectively, “Confidential Information”). Confidential Information does not include information that demonstrably (a) is or becomes generally available to the public other than as a result of disclosure by you; (b) was possessed by you prior to being furnished by the Services; or (c) becomes available to you from a source other than the Services. Further, it shall not be a violation for you to disclose Confidential Information or Personal Data (as that term is defined in the Privacy Policy) in response to a subpoena or other legal process served upon you, or where applicable law or regulation requires the disclosure of such information, provided that, if not prohibited under applicable law, you give reasonable prior written notice to Solvᵀᴹ sufficient to permit Solvᵀᴹ to inform the applicable Client, so the applicable Client can seek a protective order if it so chooses, and you disclose only the information that is legally required to be disclosed.
7.2 Confidential Information Obligations.
7.2.1 You will keep all Confidential Information in strictest confidence and will not collect, use, store, disclose, or otherwise process any Confidential Information, except as instructed to do so in writing by a Client or Solvᵀᴹ or as is strictly necessary to performing Solver Tasks and in accordance with a Client or Solv’s instructions and applicable law.
7.2.2 You will not disclose, process, or otherwise use any Confidential Information in a manner that violates any applicable law and you agree to notify Solvᵀᴹ and/or any client in writing immediately if you believe that any instruction given by Solvᵀᴹ or a client would violate any applicable law.
7.2.3 You agree to notify us in writing immediately if you learn of any collection, use, storage, disclosure, or other processing of any Confidential Information in a manner not permitted by these Terms.
7.2.4 You further agree to take appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and resilience of any systems used for handling Tasks and protect against the unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Confidential Information transmitted, stored or otherwise processed.
7.2.5 You will not engage any other individual or entity to assist in providing Solver Content unless you are instructed to do so in writing by Solvᵀᴹ.
7.2.6 You agree to make available to the Solvᵀᴹ all information necessary to demonstrate compliance with the obligations set forth in this Section and applicable law regarding the Confidential Information, and to allow Solvᵀᴹ to conduct audits, including inspections, of your compliance with the obligations set forth in this section.
7.2.7 Upon the termination, cancellation or expiration of your Solvᵀᴹ Account for any reason, or upon Solv’s request at any time, you will destroy all Confidential Information, together with any copies that may be authorized herein. You may retain only that portion of Confidential Information that is necessary for you to verify receipt of any payments you receive for the purpose of complying with your tax obligations.
7.2.8 Your obligations under this clause 7 and general duty of confidentiality towards Client and Solvᵀᴹ shall continue on an on-going basis after the termination of this agreement.
7.2.9 Nothing herein is intended to or shall grant to you any license or other right of any nature to the use of any Confidential Information except as permitted in this Section. Nothing in these Terms shall be deemed to restrict you from providing the same or similar services in connection with third-party platforms, regardless of whether any such third party directly or indirectly competes with Solvᵀᴹ, except that you shall not use, in the provision of such services, any Confidential Information or other non-public information pertaining to Solv’s business that is either designated and/or marked as confidential when disclosed to you, or which you knew or reasonably should have known, under the circumstances, was considered confidential or proprietary by Solvᵀᴹ even if not designated or marked as such.

8. Disclaimers
Unless otherwise prohibited by applicable law, the Services are provided “as-is,” and as available. Solvᵀᴹ expressly disclaims any and all representations, warranties, and conditions of any kind, whether express or implied, including those of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Solvᵀᴹ makes no warranty that the Services or the Solver Platform or any content therein: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.

9. Limitation of Liability
In no event shall Solvᵀᴹ (and our Clients, Clients’ customers or Third Party Providers (collectively, “Partners”)) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Services are at your own discretion and risk. Notwithstanding anything to the contrary contained herein, our (and our Partners’) liability to you for any damages arising from or related to the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) fifty U.S. dollars ($50) or (b) amounts paid to you for Solver content or other content in the prior 12 months (if any).

10. Indemnities
10.1 By You. You agree to indemnify and hold Solvᵀᴹ, our parents entities, subsidiaries, affiliates, any related companies, our Partners, suppliers, licensors, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services, (ii) your Solver Tasks, or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10.2 By Us. Solvᵀᴹ will (1) defend, or at our option settle, any suit filed by a third party against you (a “Suit”) to the extent such Suit claims that your receipt of the Services, as permitted in these Terms, constitutes infringement or misappropriation by you of such third party’s intellectual property rights; and (2) pay (i) any final judgment or award directly resulting from such Suit or (ii) those damages agreed to by us in a monetary settlement of such Suit. If any portion of the Services becomes, or in our opinion is likely to become, the subject of a claim of infringement, we may, at our option: (a) procure for you the right to continue using the Services; (b) replace the Services with non-infringing software or Services, which do not materially impair the functionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate these Terms and upon such termination, you will immediately cease all use of the Services. Notwithstanding the foregoing, we shall have no obligation under this section or otherwise with respect to any infringement claim that would not have arisen but for (x) any use of the Services not in accordance with these Terms; (y) any use of the Services in combination with other products, equipment, software, or data not supplied by us; or (z) any modification of the Services by any person other than us or our authorized agents. This subsection states your sole and exclusive remedy and the entire liability of Solvᵀᴹ, or any of our officers, directors, employees, shareholders, contractors or representatives, for infringement claims and activity.

11. Release
You hereby release Solvᵀᴹ, our related entities, officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and activity of any kind, that is either directly or indirectly related to or arises from any interaction with, Solver Tasks from, or conduct of, Solvers, Clients, Client Customers, users or Third Party Providers.

12. Term and Termination
Solvᵀᴹ may (a) suspend, limit or terminate your rights to use or access the Services (including your Solvᵀᴹ Account) on its own or at the request of a Client, or (b) terminate these Terms, at any time for any reason at our sole discretion, including but not limited to the following reasons: (i) for any use of the Services in violation of these Terms; or (ii) if while performing Solver Tasks, you do not meet, or cease to meet, the guidelines set forth in any supplemental agreement with a Client.; Upon termination of these Terms, your Solvᵀᴹ Account and right to access and use the Services will terminate immediately. You understand that any termination of your Solvᵀᴹ Account may involve deletion of your content associated therewith. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Solvᵀᴹ Account or deletion of your content. Even after these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.4, 2.2 – 2.6, 3 – 5, and 7 -15.

13. Copyright Policy
Solvᵀᴹ respects the intellectual property of others and requires that Partners who access and use our Services do the same. In connection with our Services, we have adopted and implemented a guidelines respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Solvers who violate our terms or infringe on intellectual property rights, including copyrights.

14. Disputes
Waiver of Jury Trial and Class Actions. Unless both you and Solvᵀᴹ otherwise agree in writing, any claim will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. This means the dispute will not be consolidated with any other matters or joined with any other cases or parties.
Waiver of Class or Consolidated Actions and Jury Trial Waiver. All claims and disputes arising between you and Solvᵀᴹ arising out of your use of the Solvᵀᴹ platform must be litigated on an individual basis and not on as a class action or on a class basis. Similarly you agree that all claims or disputes against any Client or Customer arising out of any work or services you provide on behalf of Client to a Customer, as well as arising out of any Solver Tasks, must be litigated o an individual basis and not as a class action or class basis. You further agree that any case or dispute that is brought to court shall be adjudicated by a Judge and not by a Jury. As a result, you fully acknowledge and agree that you waive the right to a trial by jury, and/or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Survival of Terms. The terms in Section 14 herein will survive the termination of this terms of use relationship with Solvᵀᴹ (and/or any independent contractor relationship with any applicable Client(s)).
Choice of Forum. For any disputes arising out of the terms or conditions of this Agreement or your use of the Solvᵀᴹ platform or work providing Solver content, the parties hereby agree to submit to the personal jurisdiction of the courts located within Hamilton County, Ohio, for such purpose.
Governing Law. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the State of Ohio, USA.

15. General
Changes to Terms. These Terms are subject to revision, and if Solvᵀᴹ makes any substantial changes, you will be notified by sending an email to the last e-mail address provided to Solvᵀᴹ (if any) and/or by prominently posting notice of the changes on our Services so it is visible when you visit and/or log-on to the Services for the first time after the change is posted. Such changes will not retroactively modify dispute provisions in Section 14 for any then-pending disputes. Your continued use of the Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms, you must cease your use of the Services. Any changes to these Terms will be effective immediately following our posting of notice of the changes on our Services. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Electronic communications. The communications between you and Solvᵀᴹ use electronic means, whether you visit the Services or send emails, or whether Solvᵀᴹ posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Solvᵀᴹ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Solvᵀᴹ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
Entire Agreement. These Terms (which include any other rules posted on the Services) constitute the entire agreement regarding the use of the Services. Solv’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Solvᵀᴹ may freely assign these Terms. The terms of these Terms shall be binding upon assignees.
System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are outside of our control, and that we will have no liability for your inability to access and/or use the Services, or any portion thereof, during any of the foregoing events. We reserve the right to change, alter or vary the Services, Services offered on or through the Services at any time without notice.
Third Party Beneficiary. Solvᵀᴹ and you acknowledge and agree that each Client is a third-party beneficiary of these Terms, and that, upon you accepting the terms and conditions of these Terms, each such Client will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Force Majeure. We shall have no liability to you under the Terms if we are prevented from or delayed in performing our obligations under the Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.

United States of America

Solvᵀᴹ Platform Terms of Use Agreement (for United States of America based Solvers)

Solvᵀᴹ Platform Terms of Use Agreement (for U.S. based Solvers)
Welcome to Solvᵀᴹ, provided by Concentrix Europe Ltd (or the “Company”, “we,” “our”, or “us”). Solv’s platform and services allows our client companies to build networks of solver contributors (“Solvers”) who respond and answer questions for client customers.
This Terms of Use Agreement (“Terms”) is an agreement between the Company and each of you as a Solver (“Solver”). The Terms govern your access to and use of the Solvᵀᴹplatform, the tools made available to you to interact with the platform, software, mobile apps, and services (“Solvᵀᴹ Platform”), Company’s provision of the Solver Platform is referred to as “Services”. Solvers may use the Solvᵀᴹ Platform and Services to perform tasks and other work, responding and answering customer questions (“Solver Tasks”) on behalf of clients of the Company (“Clients”). Solvers may use the Solvᵀᴹ Platform and Services to perform tasks and other work, responding and answering customer questions (“Solver Tasks”) on behalf of Clients. Any answers to customer questions and other information you author or create in the course of your performance of Solver Tasks on behalf of a Client is referred to as “Solver Content”. Solvers provide work solely as Independent Contractor and are in no way employees of the Company or any of the Clients or Customers which they service. In order for you to obtain access and use the Solver Platform, you must read and agree to these Terms and the Privacy Policy which is incorporated into the Terms. These Terms do not bind Clients or any Client Customers. Your relationship with the Company is limited solely to the terms contained in this Agreement and the Privacy Policy which govern your use of the Solver Platform. Lastly, Clients which you service may require you to agree to separate terms and conditions as required by each Client.
BY ACCESSING OR USING ANY ASPECT OF OUR SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, WHICH INCLUDE AND LEGALLY INCORPORATE OUR PRIVACY POLICY

IF YOU DO NOT AGREE TO ALL OUR TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY ENTERING AND EXECUTING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE REVIEWED ALL TERMS AND HAVE TAKEN TIME TO UNDERSTAND THE TERMS AND CONDITIONS.


1. Platform, Services and Solvers
1.1. Overview. The Solver Platform allows third party Clients to build a network of Solvers, who can earn money as a result of successfully answering questions and/or providing information to customers of the applicable Client.
1.2. Account Registration, Privacy Policy and other Terms. To apply to become a Solver, you must be at least 18 years of age, capable of entering into legally binding contracts, and register for a (“Solvᵀᴹ Account”) by providing certain information about yourself (“Registration Information”), as detailed in and subject to our Privacy Policy and incorporated into these Terms. By registering for a Solvᵀᴹ Account, you fully authorize us and/or our Third Party Providers to verify all Registration Information. Solvᵀᴹ or Clients may impose additional requirements on you and your eligibility (“Supplemental Terms”). You will be given an opportunity to review and consent to any applicable Supplemental Terms.
1.3. Solver Qualification and Responsibilities. Once your Solvᵀᴹ Account and Registration Information are verified (if required), you are eligible to take applicable tests which may include, but are not limited to, skills and language tests, to determine your qualifications, skills and expertise and to be routed to a specific client or clients in order for them to engage you as independent contractors to perform Solver Tasks on behalf of Clients. You represent and warrant that: (a) your Solvᵀᴹ Account and Registration Information are truthful and accurate; (b) you will maintain the accuracy and completeness of such information; and (c) your use of the Services and performance of Solver Tasks does not violate any applicable law or these Terms. You may delete your Solvᵀᴹ Account at any time and for any reason, by following the instructions provided in the Services. We reserve, at all times, the right to accept or reject your application for a Solvᵀᴹ Account, as well as your initial and ongoing participation in the Services. You are responsible for maintaining the confidentiality of your Solvᵀᴹ Account login information and any 3rd Party login in (where required) and are fully responsible for all activities that occur under your Account. You must notify Solvᵀᴹ immediately if you suspect that your Account has been compromised, your account information stolen or used by someone else or any other breach or suspected breach of security.
1.4. Conduct, Confidentiality and Data Protection. You shall maintain a high level of professionalism, including complying with your conduct and confidentiality responsibilities, as referenced in the sections on Conduct and Confidential Information below. For privacy, data protection and security purposes, you also agree to comply with additional duties and safeguards concerning protection of Confidential Information that may be provided to you by Solvᵀᴹ. You specifically agree that you may not copy, use or store Confidential Information. We may suspend or limit your rights to use the Services at any time for any reason at our sole discretion, including any use of the Services in violation of these Terms.
1.5. Independent Solver. As a Solver, you will provide services as an independent contractor and in no way shall you be considered an employee of the Company or any clients for whom you provide services. You are solely responsible for your performance of Solver Tasks and activity related to the Services, including any equipment, devices and connectivity you require to perform said Services. The Services help to optimize the routing and resolution of tasks to perform Solver Tasks, but Solvᵀᴹ does not assume responsibility for any Solver Content or for actions by any independent third-parties, including but not limited to Solver, Clients, or Clients’ Customers.

2. Licenses, Restrictions and Disclaimers.
2.1. Grant Subject to these Terms, we grant you a non-transferable, non-exclusive license to access and use the Solv Platform and receive the Services for the purpose of viewing Client requests for and performance of Solver Tasks.
2.2. Restrictions You will not: (a) license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, the Solver Platform or technology thereunder; (b) modify, copy, distribute, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, the Solver Platform or related technology; or (c) access the Services in order to build a similar or competitive service or technology; or (d) share any of your passwords, access protocols or other methods of accessing the Services.
2.3. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services, or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
2.4. Ownership. You acknowledge that all the intellectual property rights in the Services and the Solv Platform are owned by us, our licensors and Third Party Providers (as defined below). The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our licensors reserve all rights not granted in these Terms. Without limiting the generality of the foregoing, all trademarks, logos and service marks (“Marks“) displayed on the Services and the Solver Platform are our property or the property of other third party licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party licensors and Third Party Providers which own the relevant Marks.
2.5. Third Party Providers. Certain features of the Services may be operated by Third Party Providers (“Third Party Providers”). To use the features of Third Party Providers, you may be required to create an account with, or otherwise login to, the applicable Third Party Provider. Any information provided through a Third Party Provider feature is collected by the applicable Third Party Provider on its servers, and is governed by its terms of service and privacy policy. That information may be shared with Solvᵀᴹ; and you hereby consent to the Third Party Provider sharing that information with Solvᵀᴹ.
2.6. Not Part of the Services. The Services may be made available through independent Client websites, help desks, and other online properties and digital customer service channels. Our Clients are responsible for these independent properties and configuration of Solvᵀᴹ technology that offers requests to perform Solver Tasks. None of the activities of Solvers, Customers, or the performance of any Solver Tasks is provided by Solvᵀᴹ, or the responsibility of Solvᵀᴹ.

3. Content
3.1. General. You are solely responsible for your Solver Content and any activity related to Solver Content or use of the Services for the purpose of providing Solver Content. You assume all risks associated with provision of Solver Content and activity related to providing Solver Content, including any reliance on its accuracy, completeness, or usefulness by others. The Company acknowledges that you may assign any and all rights and interests you may have in or to Solver Content to a Client that engages you to author and/or create the applicable Solver Content. Any rights or interests you may have in or to Solver Content are limited to answers and information that you author or create on behalf of a Client. Solver Content does not include the Solvᵀᴹ Platform, the Services or any intellectual property rights in or to the Solver Platform and Services, including, without limitation, any answers or information authored or created by other Solvers that may be retained in, on or with the Solver Platform and Services.

4. Conduct
4.1. Acceptable Use Policy. The following sets forth our “Acceptable Use Policy“ for your use of the platform: You understand that content provided by any user, including Solver Content or other content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created the respective content. This means that you, and not we, are entirely responsible for content that you upload, post, email, transmit or otherwise make available via the Services, including any task you view or complete. Specifically, you must not use the Services to:
  • upload, post, email, transmit, or otherwise make available Solver Content or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, objectionable, or infringing of any patent, trademark, trade secret, copyright or other proprietary or third party rights;
  • upload, post, email, transmit or otherwise communicate or post Solver Content or other content that is disparaging of any Client’s or the Company’s products, services, brands, policies, operations, staff or the like. upload, post, email, transmit, or otherwise make available any Solver Content or other content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • state or imply that your Solver Content or other content is in any way provided, sponsored or endorsed by us, a Client, or any other company, organization or association;
  • impersonate any person or entity, including, but not limited to, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • collect or store personal data about other Solvers, Client personnel, or a Customer’s end users;
  • harm minors in any way;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Government as a foreign terrorist organization;
  • violate any applicable local, state, national or international law;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Solver Content transmitted through the Services;
  • create multiple Solvᵀᴹ Accounts, or “game” the system in order to falsely earn points, rewards or reputation, including without limitation by getting friends to submit solver content or other content, or using crowd labor platforms to boost results;
  • interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks, including using any device, software or routine to bypass our robot exclusion headers;
  • attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means.
  • violate any documented standard, rule, code of conduct or the like as posted in Company’s (“Solver Hub”), which Solvers agree to check regularly for updates.


5. Relationship
5.1. General. You represent and warrant that, unless otherwise agreed in writing by Company or the Client for which you perform Solver Tasks, you are not an employee or agent of Company or such Client. You expressly disclaim any employment relationship with Company and any such Client(s). You agree that your sole relationship with Company is the agreed terms of use contained herein in order for you to access and use the platform. You further agree that any work or services you provide will be performed as an independent contractor. Nothing about your participation with Company, its Clients, Customers or other Solvers is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
5.2. Employment Indemnity. As this agreement constitutes a contract for the provisions of services and not a contract of employment, you shall indemnify Solvᵀᴹ, the Company and/or the Client (or any of their group companies) for and in respect of:
5.2.1. any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your services or Solver Content under this agreement, where the recovery is not prohibited by law. You shall further indemnify Solvᵀᴹ, the Company and/or the Client against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Solvᵀᴹ, the Company and/or the Client in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
5.2.2. any liability arising from an employment related claim or claim for worker status (including reasonable costs and expenses) brought by you against Solvᵀᴹ, the Company and/or the Client arising out of or in connection with your services, Solver Content or other content, under this agreement.
5.2.3. Solvᵀᴹ, the Company and/or the Client may at its option satisfy such indemnity (in whole or part) by way of deduction from any payments due to you.
5.2. Control When Completing Tasks. n the event you elect to respond to requests to perform Solver Tasks, in no event shall Company or any Client have control over your work or methods of contribution or provision. As an independent contractor you will: choose which Client requests for performance of Solver Tasks to respond to, set your hours of work and amount of time worked; determine your own patterns and methods of work; use your own devices, supplies, tools, and equipment, including internet access; perform work for any third parties of your choosing; and perform all work independently. You will not: use any property or equipment of Solvᵀᴹ or its Clients; perform any services on any premises of Clients; be required to provide any reports, written or oral, to Clients; or be integrated into the business operations or dealings of Solv’s Clients. Neither Solvᵀᴹ nor any of its Clients will: pay for your expenses; provide instructions or direction to you on the location, time, methods, or means of performance of services; or supervise you in any form, fashion or manner.

6. Payment
6.1 Payment. Company will facilitate payments to you on behalf of each Client via PayPal or some other third party payment processor. Solvᵀᴹ, in its sole discretion, will select a payment processor and you must create an account with this payment processor to receive payment. Payment shall be facilitated in accordance with the applicable Clients’ acceptance policy for the performance of Solver Tasks. In order to direct payment to you as a Solver, we require information to verify your identity and to combat fraud. Solvᵀᴹ reserves the right (but do not assume an obligation), at our election or upon request from the applicable Client or upon notice of any potential fraud, unauthorized charges or other misuse of the Services, to place on hold or cancel any payment.
6.2. Taxes. If you provide Solver Tasks, you are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to receipt of rewards in connection with providing solver content and receiving payments therefor. Solvᵀᴹ, the payment processor or the applicable Client will report (and may withhold withholding taxes with respect to (to the extent required by law)) payments to you to the Internal Revenue Service (or other taxing authorities) as required by law.

7. Confidential Information
7.1. Confidential Information Scope. You acknowledge and agree that any information you receive in connection with a request to provide Solver Tasks constitutes proprietary, confidential information of (a) the applicable Client, or (b) applicable Client’s Customers (as applicable the "Disclosing Party"), whether or not marked as proprietary, confidential, personal, or other reference (collectively, “Confidential Information”). Confidential Information does not include information that demonstrably (a) is or becomes generally available to the public other than as a result of disclosure by you; (b) was possessed by you prior to being furnished by the Services; or (c) becomes available to you from a source other than the Services. Further, it shall not be a violation for you to disclose Confidential Information or Personal Data (as that term is defined in the Privacy Policy) in response to a subpoena or other legal process served upon you, or where applicable law or regulation requires the disclosure of such information, provided that, if not prohibited under applicable law, you give reasonable prior written notice to Solvᵀᴹ sufficient to permit Solvᵀᴹ to inform the applicable Client, so the applicable Client can seek a protective order if it so chooses, and you disclose only the information that is legally required to be disclosed.
7.2. Confidential Information Obligations.
7.2.1. You will keep all Confidential Information in strictest confidence and will not collect, use, store, disclose, or otherwise process any Confidential Information, except as instructed to do so in writing by a Client or Solvᵀᴹ or as is strictly necessary to performing Solver Tasks and in accordance with a Client or Solv’s instructions and applicable law.
7.2.2. You will not disclose, process, or otherwise use any Confidential Information in a manner that violates any applicable law and you agree to notify Solvᵀᴹ and/or any client in writing immediately if you believe that any instruction given by Solvᵀᴹ or a client would violate any applicable law.
7.2.3. You agree to notify us in writing immediately if you learn of any collection, use, storage, disclosure, or other processing of any Confidential Information in a manner not permitted by these Terms.
7.2.4. You further agree to take appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and resilience of any systems used for handling Tasks and protect against the unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Confidential Information transmitted, stored or otherwise processed. 7.2.5. You will not engage any other individual or entity to assist in providing Solver Content unless you are instructed to do so in writing by Solvᵀᴹ.
7.2.6. You agree to make available to the Solvᵀᴹ all information necessary to demonstrate compliance with the obligations set forth in this Section and applicable law regarding the Confidential Information, and to allow Solvᵀᴹ to conduct audits, including inspections, of your compliance with the obligations set forth in this section.
7.2.7. Upon the termination, cancellation or expiration of your Solvᵀᴹ Account for any reason, or upon Solv’s request at any time, you will destroy all Confidential Information, together with any copies that may be authorized herein. You may retain only that portion of Confidential Information that is necessary for you to verify receipt of any payments you receive for the purpose of complying with your tax obligations
7.2.8. Your obligations under this clause 7 and general duty of confidentiality towards Client and Solvᵀᴹ shall continue on an on-going basis after the termination of this agreement.
7.2.9. Nothing herein is intended to or shall grant to you any license or other right of any nature to the use of any Confidential Information except as permitted in this Section. Nothing in these Terms shall be deemed to restrict you from providing the same or similar services in connection with third-party platforms, regardless of whether any such third party directly or indirectly competes with Solvᵀᴹ, except that you shall not use, in the provision of such services, any Confidential Information or other non-public information pertaining to Solv’s business that is either designated and/or marked as confidential when disclosed to you, or which you knew or reasonably should have known, under the circumstances, was considered confidential or proprietary by Solvᵀᴹ even if not designated or marked as such.

8. Disclaimers
Unless otherwise prohibited by applicable law, the Services are provided “as-is,” and as available. Solvᵀᴹ expressly disclaims any and all representations, warranties, and conditions of any kind, whether express or implied, including those of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Solvᵀᴹ makes no warranty that the Services or the Solver Platform or any content therein: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.

9. Limitation of Liability
In no event shall Solvᵀᴹ (and our Clients, Clients’ customers or Third Party Providers (collectively, “Partners”)) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Services are at your own discretion and risk. Notwithstanding anything to the contrary contained herein, our (and our Partners’) liability to you for any damages arising from or related to the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) fifty U.S. dollars ($50) or (b) amounts paid to you for Solver content or other content in the prior 12 months (if any).

10. Indemnities
10.1 By You. You agree to indemnify and hold Solvᵀᴹ, our parents entities, subsidiaries, affiliates, any related companies, our Partners, suppliers, licensors, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services, (ii) your Solver Tasks, or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10.2 By Us. Solvᵀᴹ will (1) defend, or at our option settle, any suit filed by a third party against you (a “Suit”) to the extent such Suit claims that your receipt of the Services, as permitted in these Terms, constitutes infringement or misappropriation by you of such third party’s intellectual property rights; and (2) pay (i) any final judgment or award directly resulting from such Suit or (ii) those damages agreed to by us in a monetary settlement of such Suit. If any portion of the Services becomes, or in our opinion is likely to become, the subject of a claim of infringement, we may, at our option: (a) procure for you the right to continue using the Services; (b) replace the Services with non-infringing software or Services, which do not materially impair the functionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate these Terms and upon such termination, you will immediately cease all use of the Services. Notwithstanding the foregoing, we shall have no obligation under this section or otherwise with respect to any infringement claim that would not have arisen but for (x) any use of the Services not in accordance with these Terms; (y) any use of the Services in combination with other products, equipment, software, or data not supplied by us; or (z) any modification of the Services by any person other than us or our authorized agents. This subsection states your sole and exclusive remedy and the entire liability of Solvᵀᴹ, or any of our officers, directors, employees, shareholders, contractors or representatives, for infringement claims and activity.

11. Release
You hereby release Solvᵀᴹ, our related entities, officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and activity of any kind, that is either directly or indirectly related to or arises from any interaction with, Solver Tasks from, or conduct of, Solvers, Clients, Client Customers, users or Third Party Providers.

12. Term and Termination
Solvᵀᴹ may (a) suspend, limit or terminate your rights to use or access the Services (including your Solvᵀᴹ Account) on its own or at the request of a Client, or (b) terminate these Terms, at any time for any reason at our sole discretion, including but not limited to the following reasons: (i) for any use of the Services in violation of these Terms; or (ii) if while performing Solver Tasks, you do not meet, or cease to meet, the guidelines set forth in any supplemental agreement with a Client.; Upon termination of these Terms, your Solvᵀᴹ Account and right to access and use the Services will terminate immediately. You understand that any termination of your Solvᵀᴹ Account may involve deletion of your content associated therewith. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Solvᵀᴹ Account or deletion of your content. Even after these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.4, 2.2 – 2.6, 3 – 5, and 7 -15.

13. Copyright Policy
Solvᵀᴹ respects the intellectual property of others and requires that Partners who access and use our Services do the same. In connection with our Services, we have adopted and implemented a guidelines respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Solvers who violate our terms or infringe on intellectual property rights, including copyrights.

14. Disputes
Waiver of Jury Trial and Class Actions. Unless both you and Solvᵀᴹ otherwise agree in writing, any claim will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. This means the dispute will not be consolidated with any other matters or joined with any other cases or parties.
Waiver of Class or Consolidated Actions and Jury Trial Waiver. All claims and disputes arising between you and Solvᵀᴹ arising out of your use of the Solvᵀᴹ platform must be litigated on an individual basis and not on as a class action or on a class basis. Similarly you agree that all claims or disputes against any Client or Customer arising out of any work or services you provide on behalf of Client to a Customer, as well as arising out of any Solver Tasks, must be litigated o an individual basis and not as a class action or class basis. You further agree that any case or dispute that is brought to court shall be adjudicated by a Judge and not by a Jury. As a result, you fully acknowledge and agree that you waive the right to a trial by jury, and/or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Survival of Terms. The terms in Section 14 herein will survive the termination of this terms of use relationship with Solvᵀᴹ (and/or any independent contractor relationship with any applicable Client(s)).
Choice of Forum. For any disputes arising out of the terms or conditions of this Agreement or your use of the Solvᵀᴹ platform or work providing Solver content, the parties hereby agree to submit to the personal jurisdiction of the courts located within Hamilton County, Ohio, for such purpose.
Governing Law These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the State of Ohio, USA.

15. General
Changes to Terms. These Terms are subject to revision, and if Solvᵀᴹ makes any substantial changes, you will be notified by sending an email to the last e-mail address provided to Solvᵀᴹ (if any) and/or by prominently posting notice of the changes on our Services so it is visible when you visit and/or log-on to the Services for the first time after the change is posted. Such changes will not retroactively modify dispute provisions in Section 14 for any then-pending disputes. Your continued use of the Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms, you must cease your use of the Services. Any changes to these Terms will be effective immediately following our posting of notice of the changes on our Services. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Electronic communications. The communications between you and Solvᵀᴹ use electronic means, whether you visit the Services or send emails, or whether Solvᵀᴹ posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Solvᵀᴹ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Solvᵀᴹ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
Entire Agreement. These Terms (which include any other rules posted on the Services) constitute the entire agreement regarding the use of the Services. Solv’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Solvᵀᴹ may freely assign these Terms. The terms of these Terms shall be binding upon assignees.
System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are outside of our control, and that we will have no liability for your inability to access and/or use the Services, or any portion thereof, during any of the foregoing events. We reserve the right to change, alter or vary the Services, Services offered on or through the Services at any time without notice.
Third Party Beneficiary. Solvᵀᴹ and you acknowledge and agree that each Client is a third-party beneficiary of these Terms, and that, upon you accepting the terms and conditions of these Terms, each such Client will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Force Majeure. We shall have no liability to you under the Terms if we are prevented from or delayed in performing our obligations under the Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.

India

Solvᵀᴹ Platform Terms of Use Agreement (for India based Solvers)

Welcome to Solvᵀᴹ, provided by Concentrix Digital Services (or the “Company”, “we,” “our”, or “us”). Solv’s platform and services allows our client companies to build networks of solver contributors (“Solvers”) who respond and answer questions for client customers.

This Terms of Use Agreement (“Terms”) is an agreement between the Company and each of you as a Solver (“Solver”). The Terms govern your access to and use of the Solvᵀᴹ platform, the tools made available to you to interact with the platform, software, mobile apps, and services (“Solvᵀᴹ Platform”), Company’s provision of the Solver Platform is referred to as “Services”. Solvers may use the Solvᵀᴹ Platform and Services to perform tasks and other work, responding and answering customer questions (“Solver Tasks”) on behalf of clients of the Company (“Clients”). Any answers to customer questions and other information you author or create in the course of your performance of Solver Tasks on behalf of a Client is referred to as “Solver Content”. Solvers will enter into Independent Registeror terms and conditions agreement with each Client for whom you provide services for. In order for you to obtain access and use the Solver Platform, you must read and agree to these Terms and the Privacy Policy which is incorporated into the Terms. These Terms do not bind Clients or any Client Customers. Each Client enters into a separate Agreement with the Company to govern access and use of the Solver Platform and Services by or on behalf of the Client and Customers. To be clear, you will provide work as an Independent Contractor to the Clients and not to the Company. Your relationship with the Company is limited solely to these Terms and the Privacy Policy which govern your use of the Solver Platform.

BY ACCESSING OR USING ANY ASPECT OF OUR SERVICES, YOU ACCEPT AND AGREE TO THE TERMS, WHICH INCLUDE AND LEGALLY INCORPORATE OUR PRIVACY POLICY [add link to policy]

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY ENTERING AND EXECUTING THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE REVIEWED ALL TERMS AND HAVE TAKEN TIME TO UNDERSTAND THE TERMS.


1. Platform, Services and Solvers
1.1 Overview. The Solver Platform allows third party clients (“Clients”) to build a network of Solvers, who can earn money from Clients as a result of successfully answering questions and/or providing information to customers of the applicable Client. You may register on the Solvᵀᴹ platform (as provided in Section 1.2 below) and qualify as a Solver on the Solvᵀᴹ platform, which Solvᵀᴹ provides to Clients and their Customers to answer questions and provide Solver content to a Clients’ customers.
1.2 Account Registration, Privacy Policy and other Terms. To apply to become a Solver , you must be at least 18 years of age, capable of entering into legally binding contracts, and register for a (“Solvᵀᴹ Account”) by providing certain information about yourself (“Registration Information”), as detailed in and subject to our Privacy Policy and incorporated into these Terms. By registering for a Solvᵀᴹ Account, you fully authorize us and/or our Third Party Providers to verify all Registration Information. Solvᵀᴹ or Clients may impose additional requirements on you and your eligibility (“Supplemental Terms”). You will be given an opportunity to review and consent to any applicable Supplemental Terms.
1.3. Solver Qualification and Responsibilities. Once your Solvᵀᴹ Account and Registration Information are verified (if required), you are eligible to take applicable tests which may include, but are not limited to, skills and language tests, to determine your qualifications, skills and expertise and to be routed to a specific client or clients in order for them to engage you as independent contractors to perform Solver Tasks on behalf of Clients. You represent and warrant that: (a) your Solvᵀᴹ Account and Registration Information are truthful and accurate; (b) you will maintain the accuracy and completeness of such information; and (c) your use of the Services and performance of Solver Tasks does not violate any applicable law or these Terms. You may delete your Solvᵀᴹ Account at any time and for any reason, by following the instructions provided in the Services. We reserve, at all times, the right to accept or reject your application for a Solvᵀᴹ Account, as well as your initial and ongoing participation in the Services. You are responsible for maintaining the confidentiality of your Solvᵀᴹ Account login information and are fully responsible for all activities that occur under your Account. You must notify Solvᵀᴹ immediately if you suspect that your Account has been compromised, your account information stolen or used by someone else or any other breach or suspected breach of security.
1.4. Conduct, Confidentiality and Data Protection. You shall maintain a high level of professionalism, including complying with your conduct and confidentiality responsibilities, as referenced in the sections on Conduct and Confidential Information below. For privacy, data protection and security purposes, you also agree to comply with additional duties and safeguards concerning protection of Confidential Information that may be provided to you by Solvᵀᴹ. You specifically agree that you may not copy, use or store Confidential Information. We may suspend or limit your rights to use the Services at any time for any reason at our sole discretion, including any use of the Services in violation of these Terms.

2. Licenses, Restrictions and Disclaimers.
2.1. Grant. Subject to these Terms, we grant you a non-transferable, non-exclusive license to access and use the Solver Platform and receive the Services for the purpose of viewing Client requests for and performance of Solver Tasks.
2.2. Restrictions. You will not: (a) license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, the Solver Platform or technology thereunder; (b) modify, copy, distribute, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, the Solver Platform or related technology; or (c) access the Services in order to build a similar or competitive service or technology; or (d) share any of your passwords, access protocols or other methods of accessing the Services.
2.3. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services, or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
2.4. Ownership. You acknowledge that all the intellectual property rights in the Services and the Solver Platform are owned by us, our licensors and Third Party Providers (as defined below). The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our licensors reserve all rights not granted in these Terms. Without limiting the generality of the foregoing, all trademarks, logos and service marks (“Marks“) displayed on the Services and the Solver Platform are our property or the property of other third party licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party licensors and Third Party Providers which own the relevant Marks.
2.5. Third Party Providers. Certain features of the Services may be operated by third party providers (“Third Party Providers”). To use the features of Third Party Providers, you may be required to create an account with, or otherwise login to, the applicable Third Party Provider. Any information provided through a Third Party Provider feature is collected by the applicable Third Party Provider on its servers, and is governed by its terms of service and privacy policy. That information may be shared with Solvᵀᴹ; and you hereby consent to the Third Party Provider sharing that information with Solvᵀᴹ.
2.6. Not Part of the Services. The Services may be made available through independent Client websites, help desks, and other online properties and digital customer service channels. Our Clients are responsible for these independent properties and configuration of Solvᵀᴹ technology that offers requests to perform Solver Tasks. None of the activities of Solvers, Customers, or the performance of any Solver Tasks is provided by Solvᵀᴹ, or the responsibility of Solvᵀᴹ.

3. Content
3.1. General. You are solely responsible for your Solver Content and any activity related to Solver Content or use of the Services for the purpose of providing Solver Content. You assume all risks associated with provision of Solver Content and activity related to providing Solver Content, including any reliance on its accuracy, completeness, or usefulness by others. The Company acknowledges that you may assign any and all rights and interests you may have in or to Solver Content to a Client that engages you to author and/or create the applicable Solver Content. Any rights or interests you may have in or to Solver Content are limited to answers and information that you author or create on behalf of a Client. Solver Content does not include the Solvᵀᴹ Platform, the Services or any intellectual property rights in or to the Solver Platform and Services, including, without limitation, any answers or information authored or created by other Solvers that may be retained in, on or with the Solver Platform and Services.

4. Conduct
4.1. Acceptable Use Policy. The following sets forth our “Acceptable Use Policy“ for your use of the platform: You understand that content provided by any user, including Solver Content or other content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created the respective content. This means that you, and not we, are entirely responsible for content that you upload, post, email, transmit or otherwise make available via the Services, including any task you view or complete. Specifically, you must not use the Services to:
  • upload, post, email, transmit, or otherwise make available Solver Content or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, objectionable, or infringing of any patent, trademark, trade secret, copyright or other proprietary or third party rights;
  • upload, post, email, transmit or otherwise communicate or post Solver Content or other content that is disparaging of any Client’s or the Company’s products, services, brands, policies, operations, staff or the like. upload, post, email, transmit, or otherwise make available any Solver Content or other content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • state or imply that your Solver Content or other content is in any way provided, sponsored or endorsed by us, a Client, or any other company, organization or association;
  • impersonate any person or entity, including, but not limited to, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • collect or store personal data about other Solvers, Client personnel, or a Customer’s end users;
  • harm minors in any way;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Government as a foreign terrorist organization;
  • violate any applicable local, state, national or international law;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Solver Content transmitted through the Services;
  • create multiple Solvᵀᴹ Accounts, or “game” the system in order to falsely earn points, rewards or reputation, including without limitation by getting friends to submit solver content or other content, or using crowd labor platforms to boost results;
  • interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks, including using any device, software or routine to bypass our robot exclusion headers;
  • attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means.
  • violate any documented standard, rule, code of conduct or the like as posted in Company’s (“Solver Hub”), which Solvers agree to check regularly for updates.
5. Relationship
5.1 General. You represent and warrant that you are not an employee or agent of Company or any Clients. You expressly disclaim any employment relationship with Company and any Client(s). You agree that your sole relationship with Company is the agreed terms of use contained herein in order for you to access and use the platform. You further agree that any work or services to any Client that you provide will be performed as an independent contractor to the Client and you will be subject to separate independent contractor terms and conditions as determined by each Client. Nothing about your participation with Company, its Clients, Customers or other Solvers is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
5.2 Employment Indemnity. As this agreement constitutes a contract for the provisions of services and not a contract of employment, you shall indemnify Solvᵀᴹ, the Company and/or the Client (or any of their group companies) for and in respect of:
5.2.1 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your services or Solver Content under this agreement, where the recovery is not prohibited by law. You shall further indemnify Solvᵀᴹ, the Company and/or the Client against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Solvᵀᴹ, the Company and/or the Client in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
5.2.2 any liability arising from an employment related claim or claim for worker status (including reasonable costs and expenses) brought by you against Solvᵀᴹ, the Company and/or the Client arising out of or in connection with your services, Solver Content or other content, under this agreement.
5.2.3 Solvᵀᴹ, the Company and/or the Client may at its option satisfy such indemnity (in whole or part) by way of deduction from any payments due to you.
5.3 Control When Completing Tasks. In the event you elect to respond to requests to perform Solver Tasks, in no event shall Company or any Client have control over your work or methods of contribution or provision. You will: choose which Client requests for performance of Solver Tasks to respond to, set your hours of work and amount of time worked; determine your own patterns and methods of work; use your own devices, supplies, tools, and equipment, including internet access; perform work for any third parties of your choosing; and perform all work independently. You will not: use any property or equipment of Solvᵀᴹ or its Clients; perform any services on any premises of Clients; be required to provide any reports, written or oral, to Clients; or be integrated into the business operations or dealings of Solv’s Clients. Neither Solvᵀᴹ nor any of its Clients will: pay for your expenses; provide instructions or direction to you on the location, time, methods, or means of performance of services; or supervise you in any form, fashion or manner.

6. Payment
6.1 Payment. Company will facilitate payments to you on behalf of each Client via Stripe or some other third party payment processor. Solvᵀᴹ, in its sole discretion, will select a payment processor and you must create an account with this payment processor to receive payment. Payment shall be facilitated in accordance with the applicable Clients’ acceptance policy for the performance of Solver Tasks. In order to direct payment to you as a Solver, we require information to verify your identity and to combat fraud. Solvᵀᴹ reserves the right (but do not assume an obligation), at our election or upon request from the applicable Client or upon notice of any potential fraud, unauthorized charges or other misuse of the Services, to place on hold or cancel any payment.
6.2 Taxes. If you provide Solver Tasks, you are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to receipt of rewards in connection with providing solver content and receiving payments therefor. Solvᵀᴹ, the payment processor or the applicable Client will report (and may withhold withholding taxes with respect to (to the extent required by law)) payments to you to the Internal Revenue Service (or other taxing authorities) as required by law.

7. Confidential Information
7.1 Confidential Information Scope. You acknowledge and agree that any information you receive in connection with a request to provide Solver Tasks constitutes proprietary, confidential information of (a) the applicable Client, or (b) applicable Client’s Customers (as applicable the "Disclosing Party"), whether or not marked as proprietary, confidential, personal, or other reference (collectively, “Confidential Information”). Confidential Information does not include information that demonstrably (a) is or becomes generally available to the public other than as a result of disclosure by you; (b) was possessed by you prior to being furnished by the Services; or (c) becomes available to you from a source other than the Services. Further, it shall not be a violation for you to disclose Confidential Information or Personal Data (as that term is defined in the Privacy Policy) in response to a subpoena or other legal process served upon you, or where applicable law or regulation requires the disclosure of such information, provided that, if not prohibited under applicable law, you give reasonable prior written notice to Solvᵀᴹ sufficient to permit Solvᵀᴹ to inform the applicable Client, so the applicable Client can seek a protective order if it so chooses, and you disclose only the information that is legally required to be disclosed.
7.2 Confidential Information Obligations.
7.2.1 You will keep all Confidential Information in strictest confidence and will not collect, use, store, disclose, or otherwise process any Confidential Information, except as instructed to do so in writing by a Client or Solvᵀᴹ or as is strictly necessary to performing Solver Tasks and in accordance with a Client or Solv’s instructions and applicable law.
7.2.2 You will not disclose, process, or otherwise use any Confidential Information in a manner that violates any applicable law and you agree to notify Solvᵀᴹ and/or any client in writing immediately if you believe that any instruction given by Solvᵀᴹ or a client would violate any applicable law.
7.2.3 You agree to notify us in writing immediately if you learn of any collection, use, storage, disclosure, or other processing of any Confidential Information in a manner not permitted by these Terms.
7.2.4 You further agree to take appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and resilience of any systems used for handling Tasks and protect against the unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Confidential Information transmitted, stored or otherwise processed.
7.2.5 You will not engage any other individual or entity to assist in providing Solver Content unless you are instructed to do so in writing by Solvᵀᴹ.
7.2.6 You agree to make available to the Solvᵀᴹ all information necessary to demonstrate compliance with the obligations set forth in this Section and applicable law regarding the Confidential Information, and to allow Solvᵀᴹ to conduct audits, including inspections, of your compliance with the obligations set forth in this section.
7.2.7 Upon the termination, cancellation or expiration of your Solvᵀᴹ Account for any reason, or upon Solv’s request at any time, you will destroy all Confidential Information, together with any copies that may be authorized herein. You may retain only that portion of Confidential Information that is necessary for you to verify receipt of any payments you receive for the purpose of complying with your tax obligations.
7.2.9 Your obligations under this clause 7 and general duty of confidentiality towards Client and Solvᵀᴹ shall continue on an on-going basis after the termination of this agreement.
7.3 Nothing herein is intended to or shall grant to you any license or other right of any nature to the use of any Confidential Information except as permitted in this Section. Nothing in these Terms shall be deemed to restrict you from providing the same or similar services in connection with third-party platforms, regardless of whether any such third party directly or indirectly competes with Solvᵀᴹ, except that you shall not use, in the provision of such services, any Confidential Information or other non-public information pertaining to Solv’s business that is either designated and/or marked as confidential when disclosed to you, or which you knew or reasonably should have known, under the circumstances, was considered confidential or proprietary by Solvᵀᴹ even if not designated or marked as such.

8. Disclaimers
Unless otherwise prohibited by applicable law, the Services are provided “as-is,” and as available. Solvᵀᴹ expressly disclaims any and all representations, warranties, and conditions of any kind, whether express or implied, including those of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Solvᵀᴹ makes no warranty that the Services or the Solver Platform or any content therein: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.

9. Limitation of Liability
In no event shall Solvᵀᴹ (and our Clients, Clients’ customers or Third Party Providers (collectively, “Partners”)) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Services are at your own discretion and risk. Notwithstanding anything to the contrary contained herein, our (and our Partners’) liability to you for any damages arising from or related to the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) INR 500 or (b) amounts paid to you for Solver content or other content in the prior 12 months (if any).

10. Indemnities
10.1 By You. You agree to indemnify and hold Solvᵀᴹ, our parents entities, subsidiaries, affiliates, any related companies, our Partners, suppliers, licensors, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services, (ii) your Solver Tasks, or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10.2 By Us. Solvᵀᴹ will (1) defend, or at our option settle, any suit filed by a third party against you (a “Suit”) to the extent such Suit claims that your receipt of the Services, as permitted in these Terms, constitutes infringement or misappropriation by you of such third party’s intellectual property rights; and (2) pay (i) any final judgment or award directly resulting from such Suit or (ii) those damages agreed to by us in a monetary settlement of such Suit. If any portion of the Services becomes, or in our opinion is likely to become, the subject of a claim of infringement, we may, at our option: (a) procure for you the right to continue using the Services; (b) replace the Services with non-infringing software or Services, which do not materially impair the functionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate these Terms and upon such termination, you will immediately cease all use of the Services. Notwithstanding the foregoing, we shall have no obligation under this section or otherwise with respect to any infringement claim that would not have arisen but for (x) any use of the Services not in accordance with these Terms; (y) any use of the Services in combination with other products, equipment, software, or data not supplied by us; or (z) any modification of the Services by any person other than us or our authorized agents. This subsection states your sole and exclusive remedy and the entire liability of Solvᵀᴹ, or any of our officers, directors, employees, shareholders, contractors or representatives, for infringement claims and activity.

11. Release
You hereby release Solvᵀᴹ, our related entities, officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and activity of any kind, that is either directly or indirectly related to or arises from any interaction with, Solver Tasks from, or conduct of, Solvers, Clients, Client Customers, users or Third Party Providers.

12. Term and Termination
Solvᵀᴹ may (a) suspend or limit your rights to use or access the Services (including your Solvᵀᴹ Account), or (b) terminate these Terms, at any time for any reason at our sole discretion, including (i) for any use of the Services in violation of these Terms; or (ii) if while performing Solver Tasks, you do not meet, or cease to meet, the guidelines set forth in any supplemental agreement with a Client. Upon termination of these Terms, your Solvᵀᴹ Account and right to access and use the Services will terminate immediately. You understand that any termination of your Solvᵀᴹ Account may involve deletion of your content associated therewith. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Solvᵀᴹ Account or deletion of your content. Even after these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.4, 2.2 – 2.6, 3 – 5, and 7 -15.

13. Copyright Policy
Solvᵀᴹ respects the intellectual property of others and requires that Partners who access and use our Services do the same. In connection with our Services, we have adopted and implemented a guidelines respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Solvers who violate our terms or infringe on intellectual property rights, including copyrights.

14. Disputes
Waiver of Jury Trial and Class Actions. Unless both you and Solvᵀᴹ otherwise agree in writing, any claim will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. This means the dispute will not be consolidated with any other matters or joined with any other cases or parties.
Survival of Terms. The terms in Section 14 herein will survive the termination of this terms of use relationship with Solvᵀᴹ (and/or any independent contractor relationship with any applicable Client(s)).
Waiver of Class or Consolidated Actions and Jury Trial Waiver. All claims and disputes arising between you and Solvᵀᴹ or any Client or Client’s customer, or otherwise arising out your use of the Solver Platform and/or Services for work providing Solver Content, must be litigated on an individual basis and not on a class collective basis. You further agree that any case or dispute that is brought to court shall be adjudicated by a court of competent jurisdiction as per laws of India.
Governing laws and Jurisdiction. These Terms shall be governed and construed according to laws of India. For any disputes arising out of these Terms for your participation in the Solver Platform and/or Services for work providing Solver Content, the parties hereby agree to submit to the personal jurisdiction of the courts located within India, for such purpose as per applicable laws.

15. General
Changes to Terms. These Terms are subject to revision, and if Solvᵀᴹ makes any substantial changes, you will be notified by sending an email to the last e-mail address provided to Solvᵀᴹ (if any) and/or by prominently posting notice of the changes on our Services so it is visible when you visit and/or log-on to the Services for the first time after the change is posted. Such changes will not retroactively modify dispute provisions in Section 14 for any then-pending disputes. Your continued use of the Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms, you must cease your use of the Services. Any changes to these Terms will be effective immediately following our posting of notice of the changes on our Services. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Electronic communications. The communications between you and Solvᵀᴹ use electronic means, whether you visit the Services or send emails, or whether Solvᵀᴹ posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Solvᵀᴹ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Solvᵀᴹ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
Entire Agreement. These Terms (which include any other rules posted on the Services) constitute the entire agreement regarding the use of the Services. Solv’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Solvᵀᴹ may freely assign these Terms. The terms of these Terms shall be binding upon assignees.
System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are outside of our control, and that we will have no liability for your inability to access and/or use the Services, or any portion thereof, during any of the foregoing events. We reserve the right to change, alter or vary the Services, Services offered on or through the Services at any time without notice.
Third Party Beneficiary. Solvᵀᴹ and you acknowledge and agree that each Client is a third-party beneficiary of these Terms, and that, upon you accepting the terms and conditions of these Terms, each such Client will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Force Majeure. We shall have no liability to you under the Terms if we are prevented from or delayed in performing our obligations under the Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.

Ireland

Solvᵀᴹ Platform Terms of Use Agreement (for Ireland based Solvers)

Solvᵀᴹ Platform Terms of Use Agreement (for U.K. and Ireland based Solvers) Welcome to Solvᵀᴹ, provided by Concentrix Europe Ltd (or the “Company”, “we,” “our”, or “us”). Solv’s platform and services allows our client companies (“Clients”) to build networks of solver contributors (“Solvers”) who respond and answer questions for various Client end user customers.
This Terms of Use Agreement (“Terms”) is an agreement between the Company and each of you as a Solver (“Solver”). The Terms govern your access to and use of the Solvᵀᴹ platform, the tools made available to you to interact with the platform, software, mobile apps, and services (“Solvᵀᴹ Platform”), Company’s provision of the Solver Platform is referred to as “Services”. Solvers may use the Solvᵀᴹ Platform and Services to perform tasks and other work, responding and answering customer questions (“Solver Tasks”) on behalf of Clients. Any answers to customer questions and other information you author or create in the course of your performance of Solver Tasks on behalf of a Client is referred to as “Solver Content”. Solvers provide work solely as Independent Contractors and are in no way employees of the Company or any of the Clients which they service. In order for you to obtain access and use the Solver Platform, you must read and agree to these Terms and the Privacy Policy which is incorporated into the Terms. These Terms do not bind Clients or any Client Customers. Your relationship with the Company is limited solely to the terms contained in this Agreement and the Privacy Policy which govern your use of the Solver Platform. Lastly, Clients which you service may require you to agree to separate terms and conditions as required by each Client.

BY ACCESSING OR USING ANY ASPECT OF OUR SERVICES, YOU ACCEPT AND AGREE TO THE TERMS, WHICH INCLUDE AND LEGALLY INCORPORATE OUR PRIVACY POLICY

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY ENTERING AND EXECUTING THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE REVIEWED ALL TERMS AND HAVE TAKEN TIME TO UNDERSTAND THE TERMS.


1. Platform, Services and Solvers
1.1 Overview. The Solver Platform allows third party Clients to build a network of Solvers , who can earn money as a result of successfully answering questions and/or providing information to customers of the applicable Client.
1.2 Account Registration, Privacy Policy and other Terms. To apply to become a Solver, you must be at least 18 years of age, capable of entering into legally binding contracts, and register for a (“Solvᵀᴹ Account”) by providing certain information about yourself (“Registration Information”), as detailed in and subject to our Privacy Policy and incorporated into these Terms. By registering for a Solvᵀᴹ Account, you fully authorize us and/or our Third Party Providers to verify all Registration Information. Solvᵀᴹ or Clients may impose additional requirements on you and your eligibility (“Supplemental Terms”). You will be given an opportunity to review and consent to any applicable Supplemental Terms.
1.3. Solver Qualification and Responsibilities. Once your Solvᵀᴹ Account and Registration Information are verified (if required), you are eligible to take applicable tests which may include, but are not limited to, skills and language tests, to determine your qualifications, skills and expertise and to be routed to a specific client or clients in order for them to engage you as independent contractors to perform Solver Tasks on behalf of Clients. You represent and warrant that: (a) your Solvᵀᴹ Account and Registration Information are truthful and accurate; (b) you will maintain the accuracy and completeness of such information; and (c) your use of the Services and performance of Solver Tasks does not violate any applicable law or these Terms. You may delete your Solvᵀᴹ Account at any time and for any reason, by following the instructions provided in the Services. We reserve, at all times, the right to accept or reject your application for a Solvᵀᴹ Account, as well as your initial and ongoing participation in the Services. You are responsible for maintaining the confidentiality of your Solvᵀᴹ Account login information and any 3rd Party login in (where required) and are fully responsible for all activities that occur under your Account. You must notify Solvᵀᴹ immediately if you suspect that your Account has been compromised, your account information stolen or used by someone else or any other breach or suspected breach of security.
1.4. Conduct, Confidentiality and Data Protection. You shall maintain a high level of professionalism, including complying with your conduct and confidentiality responsibilities, as referenced in the sections on Conduct and Confidential Information below. For privacy, data protection and security purposes, you also agree to comply with additional duties and safeguards concerning protection of Confidential Information that may be provided to you by Solvᵀᴹ. You specifically agree that you may not copy, use or store Confidential Information. We may suspend or limit your rights to use the Services at any time for any reason at our sole discretion, including any use of the Services in violation of these Terms.
1.5. Independent Solver. As a Solver, you will provide services as an independent contractor and in no way shall you be considered an employee of the Company or any clients for whom you provide services. You are solely responsible for your performance of Solver Tasks and activity related to the Services, including any equipment, devices and connectivity you require to perform said Services. The Services help to optimize the routing and resolution of tasks to perform Solver Tasks, but Solvᵀᴹ does not assume responsibility for any Solver Content or for actions by any independent third-parties, including but not limited to Solver, Clients, or Clients’ Customers.

2. Licenses, Restrictions and Disclaimers.
2.1. Grant. Subject to these Terms, we grant you a non-transferable, non-exclusive license to access and use the Solv Platform and receive the Services for the purpose of viewing Client requests for and performance of Solver Tasks.
2.2. Restrictions. You will not: (a) license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, the Solver Platform or technology thereunder; (b) modify, copy, distribute, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, the Solver Platform or related technology; or (c) access the Services in order to build a similar or competitive service or technology; or (d) share any of your passwords, access protocols or other methods of accessing the Services.
2.3. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services, or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
2.4. Ownership. You acknowledge that all the intellectual property rights in the Services and the Solv Platform are owned by us, our licensors and Third Party Providers (as defined below). The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our licensors reserve all rights not granted in these Terms. Without limiting the generality of the foregoing, all trademarks, logos and service marks (“Marks“) displayed on the Services and the Solver Platform are our property or the property of other third party licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party licensors and Third Party Providers which own the relevant Marks.
2.5. Third Party Providers. Certain features of the Services may be operated by third party providers (“Third Party Providers”). To use the features of Third Party Providers, you may be required to create an account with, or otherwise login to, the applicable Third Party Provider. Any information provided through a Third Party Provider feature is collected by the applicable Third Party Provider on its servers, and is governed by its terms of service and privacy policy. That information may be shared with Solvᵀᴹ; and you hereby consent to the Third Party Provider sharing that information with Solvᵀᴹ.
2.6. Not Part of the Services. The Services may be made available through independent Client websites, help desks, and other online properties and digital customer service channels. Our Clients are responsible for these independent properties and configuration of Solvᵀᴹ technology that offers requests to perform Solver Tasks. None of the activities of Solvers, Customers, or the performance of any Solver Tasks is provided by Solvᵀᴹ, or the responsibility of Solvᵀᴹ.

3. Content
3.1. General. You are solely responsible for your Solver Content and any activity related to Solver Content or use of the Services for the purpose of providing Solver Content. You assume all risks associated with provision of Solver Content and activity related to providing Solver Content, including any reliance on its accuracy, completeness, or usefulness by others. The Company acknowledges that you may assign any and all rights and interests you may have in or to Solver Content to a Client that engages you to author and/or create the applicable Solver Content. Any rights or interests you may have in or to Solver Content are limited to answers and information that you author or create on behalf of a Client. Solver Content does not include the Solvᵀᴹ Platform, the Services or any intellectual property rights in or to the Solver Platform and Services, including, without limitation, any answers or information authored or created by other Solvers that may be retained in, on or with the Solver Platform and Services.

4. Conduct
4.1. Acceptable Use Policy. The following sets forth our “Acceptable Use Policy“ for your use of the platform: You understand that content provided by any user, including Solver Content or other content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created the respective content. This means that you, and not we, are entirely responsible for content that you upload, post, email, transmit or otherwise make available via the Services, including any task you view or complete. Specifically, you must not use the Services to:
  • upload, post, email, transmit, or otherwise make available Solver Content or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, objectionable, or infringing of any patent, trademark, trade secret, copyright or other proprietary or third party rights;
  • upload, post, email, transmit or otherwise communicate or post Solver Content or other content that is disparaging of any Client’s or the Company’s products, services, brands, policies, operations, staff or the like. upload, post, email, transmit, or otherwise make available any Solver Content or other content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • state or imply that your Solver Content or other content is in any way provided, sponsored or endorsed by us, a Client, or any other company, organization or association;
  • impersonate any person or entity, including, but not limited to, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • collect or store personal data about other Solvers, Client personnel, or a Customer’s end users;
  • harm minors in any way;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Government as a foreign terrorist organization;
  • violate any applicable local, state, national or international law;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Solver Content transmitted through the Services;
  • create multiple Solvᵀᴹ Accounts, or “game” the system in order to falsely earn points, rewards or reputation, including without limitation by getting friends to submit solver content or other content, or using crowd labor platforms to boost results;
  • interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks, including using any device, software or routine to bypass our robot exclusion headers;
  • attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means.
  • violate any documented standard, rule, code of conduct or the like as posted in Company’s (“Solver Hub”), which Solvers agree to check regularly for updates.
5. Relationship
5.1 General. You represent and warrant that, unless otherwise agreed in writing by Company or the Client for which you perform Solver Tasks, you are not an employee or agent of Company or such Client. You expressly disclaim any employment relationship with Company and any such Client(s). You agree that your sole relationship with Company is the agreed terms of use contained herein in order for you to access and use the platform. You further agree that any work or services you provide will be performed as an independent contractor. Nothing about your participation with Company, its Clients, Customers or other Solvers is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
5.2 Employment Indemnity. As this agreement constitutes a contract for the provisions of services and not a contract of employment, you shall indemnify Solvᵀᴹ, the Company and/or the Client (or any of their group companies) for and in respect of:
5.2.1 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your services or Solver Content under this agreement, where the recovery is not prohibited by law. You shall further indemnify Solvᵀᴹ, the Company and/or the Client against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Solvᵀᴹ, the Company and/or the Client in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
5.2.2 any liability arising from an employment related claim or claim for worker status (including reasonable costs and expenses) brought by you against Solvᵀᴹ, the Company and/or the Client arising out of or in connection with your services, Solver Content or other content, under this agreement.
5.2.3 Solvᵀᴹ, the Company and/or the Client may at its option satisfy such indemnity (in whole or part) by way of deduction from any payments due to you.
5.3 Control When Completing Tasks. In the event you elect to respond to requests to perform Solver Tasks, in no event shall Company or any Client have control over your work or methods of contribution or provision. As an independent contractor you will: choose which Client requests for performance of Solver Tasks to respond to, set your hours of work and amount of time worked; determine your own patterns and methods of work; use your own devices, supplies, tools, and equipment, including internet access; perform work for any third parties of your choosing; and perform all work independently. You will not: use any property or equipment of Solvᵀᴹ or its Clients; perform any services on any premises of Clients; be required to provide any reports, written or oral, to Clients; or be integrated into the business operations or dealings of Solv’s Clients. Neither Solvᵀᴹ nor any of its Clients will: pay for your expenses; provide instructions or direction to you on the location, time, methods, or means of performance of services; or supervise you in any form, fashion or manner.

6. Payment
6.1 Payment. Company will facilitate payments to you on behalf of each Client via PayPal or some other third party payment processor. Solvᵀᴹ, in its sole discretion, will select a payment processor and you must create an account with this payment processor to receive payment. Payment shall be facilitated in accordance with the applicable Clients’ acceptance policy for the performance of Solver Tasks. In order to direct payment to you as a Solver, we require information to verify your identity and to combat fraud. Solvᵀᴹ reserves the right (but do not assume an obligation), at our election or upon request from the applicable Client or upon notice of any potential fraud, unauthorized charges or other misuse of the Services, to place on hold or cancel any payment. 6.2 Taxes. If you provide Solver Tasks, you are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to receipt of rewards in connection with providing solver content and receiving payments therefor. Solvᵀᴹ, the payment processor or the applicable Client will report (and may withhold withholding taxes with respect to (to the extent required by law)) payments to you to the Internal Revenue Service (or other taxing authorities) as required by law.

7. Confidential Information
7.1 Confidential Information Scope. You acknowledge and agree that any information you receive in connection with a request to provide Solver Tasks constitutes proprietary, confidential information of (a) the applicable Client, or (b) applicable Client’s Customers (as applicable the "Disclosing Party"), whether or not marked as proprietary, confidential, personal, or other reference (collectively, “Confidential Information”). Confidential Information does not include information that demonstrably (a) is or becomes generally available to the public other than as a result of disclosure by you; (b) was possessed by you prior to being furnished by the Services; or (c) becomes available to you from a source other than the Services. Further, it shall not be a violation for you to disclose Confidential Information or Personal Data (as that term is defined in the Privacy Policy) in response to a subpoena or other legal process served upon you, or where applicable law or regulation requires the disclosure of such information, provided that, if not prohibited under applicable law, you give reasonable prior written notice to Solvᵀᴹ sufficient to permit Solvᵀᴹ to inform the applicable Client, so the applicable Client can seek a protective order if it so chooses, and you disclose only the information that is legally required to be disclosed.
7.2 Confidential Information Obligations.
7.2.1 You will keep all Confidential Information in strictest confidence and will not collect, use, store, disclose, or otherwise process any Confidential Information, except as instructed to do so in writing by a Client or Solvᵀᴹ or as is strictly necessary to performing Solver Tasks and in accordance with a Client or Solv’s instructions and applicable law.
7.2.2 You will not disclose, process, or otherwise use any Confidential Information in a manner that violates any applicable law and you agree to notify Solvᵀᴹ and/or any client in writing immediately if you believe that any instruction given by Solvᵀᴹ or a client would violate any applicable law.
7.2.3 You agree to notify us in writing immediately if you learn of any collection, use, storage, disclosure, or other processing of any Confidential Information in a manner not permitted by these Terms.
7.2.4 You further agree to take appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and resilience of any systems used for handling Tasks and protect against the unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Confidential Information transmitted, stored or otherwise processed.
7.2.5 You will not engage any other individual or entity to assist in providing Solver Content unless you are instructed to do so in writing by Solvᵀᴹ.
7.2.6 You agree to make available to the Solvᵀᴹ all information necessary to demonstrate compliance with the obligations set forth in this Section and applicable law regarding the Confidential Information, and to allow Solvᵀᴹ to conduct audits, including inspections, of your compliance with the obligations set forth in this section.
7.2.7 Upon the termination, cancellation or expiration of your Solvᵀᴹ Account for any reason, or upon Solv’s request at any time, you will destroy all Confidential Information, together with any copies that may be authorized herein. You may retain only that portion of Confidential Information that is necessary for you to verify receipt of any payments you receive for the purpose of complying with your tax obligations.
7.2.8 Your obligations under this clause 7 and general duty of confidentiality towards Client and Solvᵀᴹ shall continue on an on-going basis after the termination of this agreement.
7.2.9 Nothing herein is intended to or shall grant to you any license or other right of any nature to the use of any Confidential Information except as permitted in this Section. Nothing in these Terms shall be deemed to restrict you from providing the same or similar services in connection with third-party platforms, regardless of whether any such third party directly or indirectly competes with Solvᵀᴹ, except that you shall not use, in the provision of such services, any Confidential Information or other non-public information pertaining to Solv’s business that is either designated and/or marked as confidential when disclosed to you, or which you knew or reasonably should have known, under the circumstances, was considered confidential or proprietary by Solvᵀᴹ even if not designated or marked as such.

8. Disclaimers
Unless otherwise prohibited by applicable law, the Services are provided “as-is,” and as available. Solvᵀᴹ expressly disclaims any and all representations, warranties, and conditions of any kind, whether express or implied, including those of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Solvᵀᴹ makes no warranty that the Services or the Solver Platform or any content therein: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.

9. Limitation of Liability
In no event shall Solvᵀᴹ (and our Clients, Clients’ customers or Third Party Providers (collectively, “Partners”)) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Services are at your own discretion and risk. Notwithstanding anything to the contrary contained herein, our (and our Partners’) liability to you for any damages arising from or related to the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) fifty U.S. dollars ($50) or (b) amounts paid to you for Solver content or other content in the prior 12 months (if any).

10. Indemnities
10.1 By You. You agree to indemnify and hold Solvᵀᴹ, our parents entities, subsidiaries, affiliates, any related companies, our Partners, suppliers, licensors, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services, (ii) your Solver Tasks, or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10.2 By Us. Solvᵀᴹ will (1) defend, or at our option settle, any suit filed by a third party against you (a “Suit”) to the extent such Suit claims that your receipt of the Services, as permitted in these Terms, constitutes infringement or misappropriation by you of such third party’s intellectual property rights; and (2) pay (i) any final judgment or award directly resulting from such Suit or (ii) those damages agreed to by us in a monetary settlement of such Suit. If any portion of the Services becomes, or in our opinion is likely to become, the subject of a claim of infringement, we may, at our option: (a) procure for you the right to continue using the Services; (b) replace the Services with non-infringing software or Services, which do not materially impair the functionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate these Terms and upon such termination, you will immediately cease all use of the Services. Notwithstanding the foregoing, we shall have no obligation under this section or otherwise with respect to any infringement claim that would not have arisen but for (x) any use of the Services not in accordance with these Terms; (y) any use of the Services in combination with other products, equipment, software, or data not supplied by us; or (z) any modification of the Services by any person other than us or our authorized agents. This subsection states your sole and exclusive remedy and the entire liability of Solvᵀᴹ, or any of our officers, directors, employees, shareholders, contractors or representatives, for infringement claims and activity.

11. Release
You hereby release Solvᵀᴹ, our related entities, officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and activity of any kind, that is either directly or indirectly related to or arises from any interaction with, Solver Tasks from, or conduct of, Solvers, Clients, Client Customers, users or Third Party Providers.

12. Term and Termination
Solvᵀᴹ may (a) suspend, limit or terminate your rights to use or access the Services (including your Solvᵀᴹ Account) on its own or at the request of a Client, or (b) terminate these Terms, at any time for any reason at our sole discretion, including but not limited to the following reasons: (i) for any use of the Services in violation of these Terms; or (ii) if while performing Solver Tasks, you do not meet, or cease to meet, the guidelines set forth in any supplemental agreement with a Client.; Upon termination of these Terms, your Solvᵀᴹ Account and right to access and use the Services will terminate immediately. You understand that any termination of your Solvᵀᴹ Account may involve deletion of your content associated therewith. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Solvᵀᴹ Account or deletion of your content. Even after these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.4, 2.2 – 2.6, 3 – 5, and 7 -15.

13. Copyright Policy
Solvᵀᴹ respects the intellectual property of others and requires that Partners who access and use our Services do the same. In connection with our Services, we have adopted and implemented a guidelines respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Solvers who violate our terms or infringe on intellectual property rights, including copyrights.

14. Disputes
Waiver of Jury Trial and Class Actions. Unless both you and Solvᵀᴹ otherwise agree in writing, any claim will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. This means the dispute will not be consolidated with any other matters or joined with any other cases or parties.
Waiver of Class or Consolidated Actions and Jury Trial Waiver. All claims and disputes arising between you and Solvᵀᴹ arising out of your use of the Solvᵀᴹ platform must be litigated on an individual basis and not on as a class action or on a class basis. Similarly you agree that all claims or disputes against any Client or Customer arising out of any work or services you provide on behalf of Client to a Customer, as well as arising out of any Solver Tasks, must be litigated o an individual basis and not as a class action or class basis. You further agree that any case or dispute that is brought to court shall be adjudicated by a Judge and not by a Jury. As a result, you fully acknowledge and agree that you waive the right to a trial by jury, and/or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Survival of Terms. The terms in Section 14 herein will survive the termination of this terms of use relationship with Solvᵀᴹ (and/or any independent contractor relationship with any applicable Client(s)).
Choice of Forum. For any disputes arising out of the terms or conditions of this Agreement or your use of the Solvᵀᴹ platform or work providing Solver content, the parties hereby agree to submit to the personal jurisdiction of the courts located within Hamilton County, Ohio, for such purpose.
Governing Law. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the State of Ohio, USA.

15. General
Changes to Terms. These Terms are subject to revision, and if Solvᵀᴹ makes any substantial changes, you will be notified by sending an email to the last e-mail address provided to Solvᵀᴹ (if any) and/or by prominently posting notice of the changes on our Services so it is visible when you visit and/or log-on to the Services for the first time after the change is posted. Such changes will not retroactively modify dispute provisions in Section 14 for any then-pending disputes. Your continued use of the Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms, you must cease your use of the Services. Any changes to these Terms will be effective immediately following our posting of notice of the changes on our Services. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Electronic communications. The communications between you and Solvᵀᴹ use electronic means, whether you visit the Services or send emails, or whether Solvᵀᴹ posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Solvᵀᴹ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Solvᵀᴹ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
Entire Agreement. These Terms (which include any other rules posted on the Services) constitute the entire agreement regarding the use of the Services. Solv’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Solvᵀᴹ may freely assign these Terms. The terms of these Terms shall be binding upon assignees.
System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are outside of our control, and that we will have no liability for your inability to access and/or use the Services, or any portion thereof, during any of the foregoing events. We reserve the right to change, alter or vary the Services, Services offered on or through the Services at any time without notice.
Third Party Beneficiary. Solvᵀᴹ and you acknowledge and agree that each Client is a third-party beneficiary of these Terms, and that, upon you accepting the terms and conditions of these Terms, each such Client will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Force Majeure. We shall have no liability to you under the Terms if we are prevented from or delayed in performing our obligations under the Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.

Philippines

Solvᵀᴹ Platform Terms of Use Agreement (for Philippines based Solvers)

This Terms of Use Agreement (“Terms”) is an agreement between Solvᵀᴹ, as provided by Concentrix Europe Ltd, a company established and existing under the laws of the United States (or the “Company”, “we,” “our”, or “us”), and each of you as a Solver. The Terms govern your access to and use of the Solvᵀᴹ platform, the tools made available to you to interact with the platform, software, mobile apps, and services (“Solvᵀᴹ Platform”), Company’s provision of the Solvᵀᴹ Platform for a specified consideration is referred to as “Services”. Solvers may use the Solvᵀᴹ Platform and Services to perform tasks and other work, responding and answering customer questions (“Solver Tasks”) on behalf of clients of the Company (“Clients”). Any answers to customer questions and other information you independently author or create on your own and in the course of your performance of Solver Tasks on behalf of a Client is referred to as “Solver Content”. Solvers will enter directly into Independent Contactor terms and conditions agreement with each Client for whom you provide services for. The Company will not be a party to the said Independent Contactor terms and conditions agreement. In order for you to obtain access and use the Solver Platform, you must read and agree to these Terms and the Privacy Policy which is incorporated into the Terms. These Terms do not bind Clients or any Client Customers. To be clear, you will provide work as an Independent Contractor to the Clients and not to the Company. Your relationship with the Company is limited solely to these Terms and the Privacy Policy which govern your use of the Solver Platform.
Solvᵀᴹ reserves the right to modify or change these Terms at any time. If a change is material, we will provide notice of any change before it takes effect.

BY ACCESSING OR USING ANY ASPECT OF OUR SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, WHICH INCLUDE AND LEGALLY INCORPORATE OUR PRIVACY POLICY

IF YOU DO NOT AGREE TO ALL OUR TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY ENTERING AND EXECUTING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE REVIEWED ALL TERMS AND HAVE TAKEN TIME TO UNDERSTAND THE TERMS AND CONDITIONS.

1. Platform, Services and Solvers
1.1. Overview. The Solvᵀᴹ Platform allows Clients to build a network of Solvers, who can earn money from Clients as a result of successfully answering questions and/or providing information to the applicable Client’s customers (“Customers”). You may register on the Solvᵀᴹ Platform (as provided in Section 1.2 below) and qualify as a Solver on the Solvᵀᴹ Platform, which Solvᵀᴹ provides to Clients and their Customers to provide Solver Content to a Clients’ Customers.
1.2. Account Registration, Privacy Policy and other Terms. To apply to become a Solver , you must be at least 18 years of age, capable of entering into legally binding contracts, and register for a (“Solvᵀᴹ Account”) by providing certain information about yourself (“Registration Information”), as detailed in and subject to our Privacy Policy and incorporated into these Terms. By registering for a Solvᵀᴹ Account, you fully authorize us and/or our Third Party Providers to verify all Registration Information. Solvᵀᴹ or Clients may impose additional requirements on you and your eligibility (“Supplemental Terms”). You will be given an opportunity to review and consent to any applicable Supplemental Terms.
1.3. Solver Qualification and Responsibilities. Once your Solvᵀᴹ Account and Registration Information are verified (if required), you are eligible to take applicable tests which may include, but are not limited to, skills and language tests, to determine your qualifications, skills and expertise and which tests are provided by, routed to, and evaluated by a specific client or clients in order for them to engage you as independent contractors to perform Solver Tasks on behalf of Clients. You represent and warrant that: (a) your Solvᵀᴹ Account and Registration Information are truthful and accurate; (b) you will maintain the accuracy and completeness of such information; and (c) your use of the Services and performance of Solver Tasks does not violate any applicable law or these Terms. You may delete your Solvᵀᴹ Account at any time and for any reason, by following the instructions provided in the Services. We reserve, at all times, the right to accept or reject your application for a Solvᵀᴹ Account, as well as your initial and ongoing participation in the Services. You are responsible for maintaining the confidentiality of your Solvᵀᴹ Account login information and are fully responsible for all activities that occur under your Account. You must notify Solvᵀᴹ immediately if you suspect that your Account has been compromised, your account information stolen or used by someone else or any other breach or suspected breach of security.
1.4. Conduct, Confidentiality and Data Protection. You shall maintain a high level of professionalism, including complying with your conduct and confidentiality responsibilities, as referenced in the sections on Conduct and Confidential Information below. For privacy, data protection and security purposes, you also agree to comply with additional duties and safeguards concerning protection of Confidential Information that may be provided to you by Solvᵀᴹ. You specifically agree that you may not copy, use or store Confidential Information. We may suspend or limit your rights to use the Services at any time for any reason at our sole discretion, including any use of the Services in violation of these Terms.
1.5. Independent Solver. As a Solver, you will serve as an independent contractor to each Client and you will enter into a separate independent contractor agreement with each Client you engage with to perform Solver Tasks. You are solely responsible for your performance of Solver Tasks and activity related to the Services. You agree that Solvᵀᴹ and the Company does not, in any way, supervise, manage, or control a Solver and its work. The Services only help to optimize the routing and resolution of tasks to perform Solver Tasks, but Solvᵀᴹ does not assume responsibility for any Solver Content or for actions by any independent third-parties, including but not limited to Solver, Clients, or Clients’ Customers.

2. Licenses, Restrictions and Disclaimers.
2.1. Grant Subject to these Terms, we grant you a non-transferable, non-exclusive license to access and use the Solver Platform and receive the Services for the purpose of viewing Client requests for and performance of Solver Tasks.
2.2. Restrictions You will not: (a) license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, the Solver Platform or technology thereunder; (b) modify, copy, distribute, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, the Solver Platform or related technology; or (c) access the Services in order to build a similar or competitive service or technology; or (d) share any of your passwords, access protocols or other methods of accessing the Services.
2.3. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services, or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
2.4. Ownership. You acknowledge that all the intellectual property rights in the Services and the Solver Platform are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our licensors reserve all rights not granted in these Terms. Without limiting the generality of the foregoing, all trademarks, logos and service marks (“Marks“) displayed on the Services and the Solver Platform are our property or the property of other third party licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party licensors which own the relevant Marks.
2.5. Third Party Providers. Certain features of the Services may be operated by Third Party Providers (“Third Party Providers”). To use the features of Third Party Providers, you may be required to create an account with, or otherwise login to, the applicable Third Party Provider. Any information provided through a Third Party Provider feature is collected by the applicable Third Party Provider on its servers, and is governed by its terms of service and privacy policy. That information may be shared with Solvᵀᴹ; and you hereby consent to the Third Party Provider sharing that information with Solvᵀᴹ.
2.6. Not Part of the Services. The Services may be made available through independent Client websites, help desks, and other online properties and digital customer service channels. Our Clients are responsible for these independent properties and configuration of Solvᵀᴹ technology that offers requests to perform Solver Tasks. None of the activities of Solvers, Customers, or the performance of any Solver Tasks is provided by Solvᵀᴹ, or the responsibility of Solvᵀᴹ.

3. Content
3.1. General. You are solely responsible for your Solver Content and any activity related to Solver Content or use of the Services for the purpose of providing Solver Content. You assume all risks associated with provision of Solver Content and activity related to providing Solver Content, including any reliance on its accuracy, completeness, or usefulness by others. The Company acknowledges that you may assign any and all rights and interests you may have in or to Solver Content to a Client that engages you to author and/or create the applicable Solver Content. Any rights or interests you may have in or to Solver Content are limited to answers and information that you author or create on behalf of a Client. Solver Content does not include the Solvᵀᴹ Platform, the Services or any intellectual property rights in or to the Solver Platform and Services, including, without limitation, any answers or information authored or created by other Solvers that may be retained in, on or with the Solver Platform and Services.

4. Conduct
4.1. Acceptable Use Policy. The following sets forth our “Acceptable Use Policy“ for your use of the Solvᵀᴹ Platform and Services: You understand that content provided by any user, including Solver Content created by you, whether publicly posted or privately transmitted, is the sole responsibility of the person who created the respective content. This means that you, and not the Company, are entirely responsible for content that you upload, post, email, transmit or otherwise make available via the Services, including any Solver Tasks you view or complete. Specifically, you must not use the Services to:
  • upload, post, email, transmit, or otherwise make available Solver Content or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, objectionable, or infringing of any patent, trademark, trade secret, copyright or other proprietary rights;
  • upload, post, email, transmit or otherwise communicate or post Solver Content or other content that is disparaging of any Client’s products, services, brands, policies, operations, staff or the like.
  • upload, post, email, transmit, or otherwise make available any Solver Content or other content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • state or imply that your Solver Content or other content is in any way provided, sponsored or endorsed by us, a Client, or any other company, organization or association;
  • impersonate any person or entity, including, but not limited to, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • collect or store personal data about other Solvers,
  • collect, process or store personal data relating to Client personnel, or a Customer’s end users that Client has not expressly authorized you to collect, process or store;
  • harm minors in any way;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • violate any applicable local, state, national or international law;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Solver Content or other content transmitted through the Services;
  • create multiple Solvᵀᴹ Accounts, or “game” the system in order to falsely earn points, rewards or reputation, including without limitation by getting friends to submit Solver Content or other content, or using crowd labor platforms to boost results;
  • interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks, including using any device, software or routine to bypass our robot exclusion headers;
  • attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means.
  • violate any documented standard, rule, code of conduct or the like as posted in Company’s Solver Hub, which Solvers agree to check regularly for updates.
  • represent yourself at any time and any manner as more than an independent contractor of the Company and/or the Clients for which you perform Solver Tasks and provide Solver Content.
4.2. Rules, Policies and Conduct Requirements. In order to perform Solver Tasks, you agree to abide by any and all rules, policies or conduct requirements provided to you by Company or any applicable Client.

5. Relationship
5.1. General. You represent and warrant that, unless otherwise agreed in writing by Company or the Client for which you perform Solver Tasks, you are not an employee or agent of Company or such Client. You expressly disclaim any employment relationship with Company and any such Client(s). You agree that your sole relationship with Company is the agreed terms of use contained herein in order for you to access and use the platform. You further agree that any work or services to any Client that you provide will be performed as an independent contractor to the Client and you will be subject to separate independent contractor terms and conditions as determined by each Client. Nothing about your use of the Solvᵀᴹ Platform or your participation with Company, its Clients, Customers or other Solvers is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
5.2. Control When Completing Tasks. In the event you elect to respond to requests to perform Solver Tasks, in no event shall Company or any Client have control over your work or methods of contribution or provision, Company or any Client being interested only in the results thereof. You will: choose which Client requests for performance of Solver Tasks to respond to, set your hours of work and amount of time worked; determine your own patterns and methods of work; use your own devices, supplies, tools, and equipment, including internet access; perform work for any third parties of your choosing; and perform all work independently. You will not: use any property or equipment of Solvᵀᴹ or its Clients; perform any services on any premises of Clients; be required to provide any reports, written or oral, to Clients; or be integrated into the business operations or dealings of Solv’s Clients. Neither Solvᵀᴹ nor any of its Clients will: pay for your expenses; provide instructions or direction to you on the location, time, methods, or means of performance of services; or supervise you in any form, fashion or manner.

6. Payment
6.1 Payment. Company, subject to 6.3 below, will facilitate payments to you on behalf of each Client via Stripe or some other third party payment processor. Solvᵀᴹ, in its sole discretion, will select a payment processor and you must create an account with this payment processor to receive payment. Payment shall be facilitated in accordance with the applicable Clients’ acceptance policy for the performance of Solver Tasks. In order to direct payment to you as a Solver, we require information to verify your identity and to combat fraud. Solvᵀᴹ reserves the right (but do not assume an obligation), at our election or upon request from the applicable Client or upon notice of any potential fraud, unauthorized charges or other misuse of the Services, to place on hold or cancel any payment. Under no circumstance shall any payment received by Solvers be considered as anything other than payments made to you by Clients as their independent contractor performing independent services.
6.2. Taxes. If you provide perform Solver Tasks, you are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to receipt of rewards in connection with Solver Tasks and receiving payments therefor. Solvᵀᴹ, the payment processor or the applicable Client will report (and may withhold withholding taxes with respect to (to the extent required by law)) payments to you as independent contractor to the Internal Revenue Service (or other taxing authorities) as required by law.
6.3 In consideration of your use of Solvᵀᴹ Platform, a one-time service fee in the equivalent amount of USD5.00 will be deducted from the first payment to you from the Client.

7. Confidential Information
7.1. Confidential Information Scope. You acknowledge and agree that any information you receive in connection with a request to perform Solver Tasks constitutes proprietary, confidential information of (a) the applicable Client, or (b) applicable Client’s Customers whether or not marked as proprietary, confidential, personal, or other reference (collectively, “Confidential Information”). Confidential Information does not include information that demonstrably (a) is or becomes generally available to the public other than as a result of disclosure by you; (b) was possessed by you prior to being furnished by the Services; or (c) becomes available to you from a source other than the Services. Further, it shall not be a violation for you to disclose Confidential Information or in response to a subpoena or other legal process served upon you, or where applicable law or regulation requires the disclosure of such information, provided that, if not prohibited under applicable law, you give reasonable prior written notice to Solvᵀᴹ sufficient to permit Solvᵀᴹ to inform the applicable Client, so the applicable Client can seek a protective order if it so chooses, and you disclose only the information that is legally required to be disclosed.
7.2. Confidential Information Obligations.
You will keep all Confidential Information in strictest confidence and will not collect, use, store, disclose, or otherwise process any Confidential Information, except as instructed to do so in writing by a Client or Solvᵀᴹ, or to perform Solver Tasks, and in accordance with a Client or Solv’s instructions and applicable law.

- You will not disclose, process, or otherwise use any Confidential Information in a manner that violates any applicable law and you agree to notify Solvᵀᴹ and or any client in writing immediately if you believe that any instruction given by Solvᵀᴹ or a client would violate any applicable law.

- You agree to notify Solvᵀᴹ in writing immediately if you learn of any collection, use, storage, disclosure, or other processing of any Confidential Information in a manner not permitted by this Section or these Terms.

- You further agree to take appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and resilience of any systems used for handling Tasks and protect against the unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Confidential Information transmitted, stored or otherwise processed.

- You will not engage any other individual or entity to assist in your performing Solver Tasks unless you are instructed to do so in writing by Solvᵀᴹ.

- You agree to make available to the Solvᵀᴹ all information necessary to demonstrate compliance with the obligations set forth in this Section and applicable law regarding the Confidential Information, and to allow Solvᵀᴹ to conduct audits, including inspections, of your compliance with the obligations set forth in this Section.

- Upon the termination, cancellation or expiration of your Solvᵀᴹ Account for any reason, or upon Solv’s request at any time, you will destroy all Confidential Information, together with any copies that may be authorized herein. You may retain only that portion of Confidential Information that is necessary for you to verify receipt of any payments you receive for the purpose of complying with your tax obligations.
- Your obligations under this clause 7 and general duty of confidentiality towards Client and Solvᵀᴹ shall continue on an on-going basis after the termination of this agreement.

7.2.8. Nothing herein is intended to or shall grant to you any license or other right of any nature to the use of any Confidential Information except as permitted in this Section. Nothing in these Terms shall be deemed to restrict you from providing the same or similar services in connection with third-party platforms, regardless of whether any such third party directly or indirectly competes with Solvᵀᴹ, except that you shall not use, in the provision of such services, any Confidential Information or other non-public information pertaining to Solv’s business that is either designated and/or marked as confidential when disclosed to you, or which you knew or reasonably should have known, under the circumstances, was considered confidential or proprietary by Solvᵀᴹ even if not designated or marked as such.

8. Disclaimers
Unless otherwise prohibited by applicable law, the Services are provided “as-is,” and as available. Solvᵀᴹ expressly disclaims any and all representations, warranties, and conditions of any kind, whether express or implied, including those of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Solvᵀᴹ makes no warranty that the Platform Services or any content therein: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.

9. Limitation of Liability
In no event shall Solvᵀᴹ (and our Clients, Clients’ customers or Third Party Providers (collectively, “Partners”) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Services are at your own discretion and risk.

Notwithstanding anything to the contrary contained herein, our (and our Partners’) liability to you for any damages arising from or related to the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) fifty U.S. dollars ($50) or (b) amounts paid to you for your Performance of Solve Tasks in the prior 12 months (if any).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary depending on your jurisdiction.

10. Indemnities
10.1 By You. You agree to indemnify and hold Solvᵀᴹ, our parents entities, subsidiaries, affiliates, any related companies, our Partners, suppliers, licensors, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services, (ii) your Solver Tasks, or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10.2 By Us. Solvᵀᴹ will (1) defend, or at our option settle, any suit filed by a third party against you (a “Suit”) to the extent such Suit claims that your use of the Solvᵀᴹ Platform, as permitted in these Terms, constitutes infringement or misappropriation by you of such third party’s intellectual property rights; and (2) pay (i) any final judgment or award directly resulting from such Suit or (ii) those damages agreed to by us in a monetary settlement of such Suit. If any portion of the Services becomes, or in our opinion is likely to become, the subject of a claim of infringement, we may, at our option: (a) procure for you the right to continue using the Services; (b) replace the Services with non-infringing software or Services, which do not materially impair the functionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate these Terms and upon such termination, you will immediately cease all use of the Services. Notwithstanding the foregoing, we shall have no obligation under this section or otherwise with respect to any infringement claim that would not have arisen but for (x) any use of the Services not in accordance with these Terms; (y) any use of the Services in combination with other products, equipment, software, or data not supplied by us; or (z) any modification of the Services by any person other than us or our authorized agents. This subsection states your sole and exclusive remedy and the entire liability of Solvᵀᴹ, or any of our officers, directors, employees, shareholders, contractors or representatives, for infringement claims and activity.

11. Release
You hereby release Solvᵀᴹ, our related entities, officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and activity of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with, Solver Tasks from, or conduct of, Solvers, Clients, Client Customers, users or Third Party Providers. You hereby waive California Civil Code section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

12. Term and Termination
Solvᵀᴹ may (a) suspend or limit your rights to use or access the Services (including your Solvᵀᴹ Account), or (b) terminate these Terms, at any time for any reason at our sole discretion, including (i) for any use of the Services in violation of these Terms; or (ii) if while performing Solver Tasks, you do not meet, or cease to meet, the guidelines set forth in any supplemental agreement with a Client. Upon termination of these Terms, your Solvᵀᴹ Account and right to access and use the Services will terminate immediately. You understand that any termination of your Solvᵀᴹ Account may involve deletion of your content associated therewith. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Solvᵀᴹ Account or deletion of your content. Even after these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.4, 2.2 – 2.6, 3 – 5, 6.3, and 7 -15.

13. Copyright Policy
Solvᵀᴹ respects the intellectual property of others and requires that Solvers and visitors who access and use the Services do the same. In connection with the Services, we have adopted and implemented guidelines respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Solvers who violate our terms or infringe on intellectual property rights, including copyrights.

14. Disputes
Waiver of Jury Trial and Class Actions. Unless both you and Solvᵀᴹ otherwise agree in writing, any claim will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. This means the dispute will not be consolidated with any other matters or joined with any other cases or parties.
Waiver of Class or Consolidated Actions and Jury Trial Waiver. All claims and disputes arising between you and Solvᵀᴹ arising out of your use of the Solvᵀᴹ platform must be litigated on an individual basis and not on as a class action or on a class basis. Similarly you agree that all claims or disputes against any Client or Customer arising out of any work or services you provide on behalf of Client to a Customer, as well as arising out of any Solver Tasks , must be litigated on an individual basis and not as a class action or class basis. You further agree that any case or dispute that is brought to court shall be adjudicated by a Judge and not by a Jury. As a result, you fully acknowledge and agree that you waive the right to a trial by jury, and/or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Survival of Terms. The terms in Section 14 herein will survive the termination of this terms of use relationship with Solvᵀᴹ (and/or any independent contractor relationship with any applicable Client(s)).
Choice of Forum. For any disputes arising out of the terms or conditions of this Agreement or your use of the Solvᵀᴹ platform or work performing Solver Tasks, the parties hereby agree to submit to the personal jurisdiction of the courts located within Hamilton County, Ohio, for such purpose.

15. General
Changes to Terms. These Terms are subject to revision, and if Solvᵀᴹ makes any substantial changes, you will be notified by sending an email to the last e-mail address provided to Solvᵀᴹ (if any) and/or by prominently posting notice of the changes on our Services so it is visible when you visit and/or log-on to the Services for the first time after the change is posted. Such changes will not retroactively modify dispute provisions in Section 14 for any then-pending disputes. Your continued use of the Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms, you must cease your use of the Services. Any changes to these Terms will be effective immediately following our posting of notice of the changes on our Services. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Electronic communications. The communications between you and Solvᵀᴹ use electronic means, whether you visit the Services or send emails, or whether Solvᵀᴹ posts notices on the Services or communicates with you via email. For contractual purposes, and Subject to the Privacy Policy, you (a) consent to receive communications from Solvᵀᴹ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Solvᵀᴹ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
Entire Agreement. These Terms (which include any other rules posted on the Services) constitute the entire agreement regarding the use of the Services. Solv’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Solvᵀᴹ may freely assign these Terms. The terms of these Terms shall be binding upon assignees.
System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are outside of our control, and that we will have no liability for your inability to access and/or use the Services, or any portion thereof, during any of the foregoing events. We reserve the right to change, alter or vary the Services, Services offered on or through the Services at any time without notice.
Third Party Beneficiary. Solvᵀᴹ and you acknowledge and agree that each Client is a third-party beneficiary of these Terms, and that, upon you accepting the terms and conditions of these Terms, each such Client will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Force Majeure. We shall have no liability to you under the Terms if we are prevented from or delayed in performing our obligations under the Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.

Romania

Acord privind Termenii de Utilizare a Platformei Solvᵀᴹ (pentru agențiile de sprijin din România)

Acordul privind Termenii de Utilizare a Platformei Solvᵀᴹ (pentru agențiile de asistență din România)
Bine ați venit pe platforma Solvᵀᴹ pusă la dispoziție de Concentrix Europe Ltd (sau „Societatea”, „subscrisa,” sau „noi”). Platforma și serviciile Solv permit clienților-societăți („Clienții”) să construiască rețele de contribuitori-agenți de suport („Agenții de Suport”), care să răspundă întrebărilor venite din partea diverșilor clienți utilizatori-finali ai Clientului.
Acest Acord privind Termenii de Utilizare („Termenii”) este un acord între Societate și fiecare dintre dumneavoastră, în calitate de Agent de Suport („Agent de Suport”).
Termenii guvernează accesarea și utilizarea Solvᵀᴹ de către dumneavoastră, instrumentele care vă sunt puse la dispoziție în scopul interacțiunii cu platforma, software-ul, aplicațiile mobile și serviciile („Platforma Solvᵀᴹ”), punerea Platformei la dispoziția Agentului de Suport, de către Societate, fiind denumită „Serviciile de Platformă”. Agenții de Suport pot utiliza Platforma Solvᵀᴹ și Serviciile de Platformă pentru îndeplinirea sarcinilor și a altor activități, răspunzând întrebărilor venite din partea utilizatorilor finali („Sarcinile Agentului de Suport”), în numele Clienților. Orice răspunsuri la întrebările utilizatorilor finali și celelalte informații pe care le generați sau le creați în cursul îndeplinirii de Sarcini ale Agentului de Suport în numele unui Client sunt denumite „Conținutul Generat de Agentul de Suport”. Agenții de Suport prestează activitatea exclusiv în calitate de Contractanți Independenți și nu sunt sub nicio formă salariați ai Societății sau ai vreunui Client pe care îl deservesc. Pentru a obține acces la și drept de utilizare a Platformei Agenților de Suport este necesar să citiți și să fiți de acord cu acești Termeni și cu Politica de Confidențialitate, care este inclusă în acești Termeni. Acești Termeni nu sunt angajanți pentru Clienți sau pentru oricare dintre Utilizatorii Finali ai Clientului. Raportul dumneavoastră cu Societatea se limitează strict la termenii prevăzuți în acest Acord și în Politica de Confidențialitate, care guvernează utilizarea Platformei Agenților de Suport. Ca un ultim aspect, Clienții pe care îi deserviți vă pot solicita acordul asupra unor termeni și condiții separate, în funcție de cerințele fiecărui Client.

PRIN ACCESAREA SAU UTILIZAREA ORICĂREI CARACTERISTICI A SERVICIILOR NOASTRE DE PLATFORMĂ, ACCEPTAȚI ȘI SUNTEȚI DE ACORD CU TERMENII, CARE INCLUD ÎN MOD LEGAL POLITICA DE CONFIDENȚIALITATE

DACĂ NU VĂ DAȚI ACORDUL ÎN PRIVINȚA TERMENILOR, NU PUTEȚI ACCESA SAU UTILIZA SERVICIILE.

PRIN ÎNCHEIEREA ȘI SEMNAREA TERMENILOR, CONFIRMAȚI ÎN MOD EXPRES CĂ AȚI ANALIZAT TOȚI TERMENII ȘI AȚI ACORDAT TIMPUL NECESAR ÎNȚELEGERII ACESTORA.

1. Platforma, Serviciile de Platformă și Agenții de Suport
1.1 Prezentare generală. Platforma Agenților de Suport permite terților Clienți să construiască o rețea de Agenți de Suport, care pot câștiga venituri dacă oferă informații și răspund cu succes la întrebările utilizatorilor-finali ai Clientului relevant.
1.2 Înregistrarea Contului, Politica de Confidențialitate și alți Termeni. Pentru a deveni Agent de Suport trebuie să aveți minim 18 ani, să puteți încheia contracte cu forță juridică obligatorie și să vă înregistrați pentru un („Cont Solvᵀᴹ”), prin furnizarea anumitor informații despre dumneavoastră („Informațiile de Înregistrare”), conform detaliilor prevăzute în și sub rezerva Politicii de Confidențialitate, și incluse în acești Termeni. Prin înregistrarea pentru un Cont Solvᵀᴹ autorizați integral subscrisa și/sau Terții Furnizori să verifice toate Informațiile de Înregistrare. Solvᵀᴹ sau Clienții pot impune cerințe suplimentare referitoare la persoana și eligibilitatea dumneavoastră („Termenii Suplimentari”). Vi se va acorda oportunitatea să analizați și să vă dați acordul asupra oricăror Termeni Suplimentari aplicabili.
1.3. Calificarea și responsabilitățile Agentului de Suport. Odată ce Contul dumneavoastră Solvᵀᴹ și Informațiile de Înregistrare vor fi fost verificate (dacă este cazul), veți fi eligibil(ă) pentru testele aplicabile, care pot include, dar nu se limitează la teste de competențe și teste de limbă, pentru a vi se stabili calificările, aptitudinile și experiența și pentru a fi direcționat(ă) către un anumit client sau anumiți clienți, astfel încât aceștia să vă angajeze în calitate de contractanți independenți pentru îndeplinirea Sarcinilor Agentului de Suport în numele Clienților. Declarați și garantați că: (a) Contul dumneavoastră Solvᵀᴹ și Informațiile de Înregistrare sunt reale și corecte; (b) veți menține respectivele informații exacte și complete; și (c) utilizarea Serviciilor de Platformă de către dumneavoastră și îndeplinirea Sarcinilor Agentului de Suport nu încalcă nicio lege aplicabilă sau acești Termeni. Puteți șterge Contul Solvᵀᴹ deținut în orice moment și pentru orice motiv, urmând instrucțiunile prevăzute de Servicii. Ne rezervăm dreptul permanent de a accepta sau de a respinge aplicația dumneavoastră pentru Contul Solvᵀᴹ, precum și participarea dumneavoastră în cadrul Serviciilor de Platformă, inițial sau pe parcurs. Sunteți responsabil(ă) pentru păstrarea confidențialității informațiilor de accesare a Contului Solvᵀᴹ pe care îl dețineți și pentru orice autentificare Terță (dacă este cazul), și vă revine responsabilitatea integrală pentru toate activitățile derulate prin Contul dumneavoastră. Aveți obligația de a notifica imediat Solvᵀᴹ, în cazul în care suspectați că Contul dumneavoastră a fost compromis, informațiile aferente contului dumneavoastră au fost furate sau utilizate de altă persoană, sau în cazul oricărei încălcări sau suspiciuni de încălcare a securității.
1.4. Conduită, confidențialitate și protecția datelor. Veți menține un nivel ridicat de profesionalism, respectând inclusiv obligațiile de conduită și confidențialitate din secțiunile de mai jos privind Conduita și Informațiile Confidențiale. În scopuri de confidențialitate, protecție și securitate a datelor sunteți de acord să respectați și obligațiile și garanțiile privind protecția Informațiilor Confidențiale pe care Solvᵀᴹ vi le-ar putea furniza. Sunteți de acord în mod expres că nu aveți dreptul să copiați, să utilizați sau să stocați Informațiile Confidențiale. Avem dreptul discreționar de a vă suspenda sau limita drepturile de utilizare a Serviciilor de Platformă în orice moment și din orice motiv, inclusiv pentru orice utilizare a Serviciilor de Platformă cu încălcarea acestor Termeni.
1.5. Agent de Suport independent. Ca Agent de Suport, veți furniza serviciile în calitate de contractant independent și sub nicio formă nu veți fi considerat(ă) salariat al Societății sau al oricăror clienți în beneficiul cărora prestați servicii. Sunteți exclusiv responsabil(ă) pentru îndeplinirea Sarcinilor Agentului de Suport și pentru activitatea aferentă Serviciilor de Platformă, inclusiv pentru orice echipamente, dispozitive și conectivitatea necesară în scopul prestării respectivelor Servicii. Serviciile de Platformă ajută la optimizarea direcționării și rezolvării Sarcinilor Agentului de Suport, însă Solvᵀᴹ nu își asumă responsabilitatea pentru niciun Conținut Generat de Agentul de Suport sau pentru nicio acțiune ale oricărui terț independent, inclusiv dar fără limitare la Agentul de Suport, Clienții sau Utilizatorii Finali ai Clienților.
2. Licențe, restricții și declinarea responsabilității.
2.1. Acordare. Sub rezerva acestor Termeni, vă acordăm licență netransferabilă și neexclusivă pentru accesarea și utilizarea Platformei Solv, și pentru beneficierea de Servicii de Platformă în scopul vizualizării solicitărilor Clientului și al îndeplinirii Sarcinilor Agentului de Suport.
2.2. Restricții . (a) Nu veți licenția, sub-licenția, vinde, închiria, transfera, cesiona, distribui, găzdui sau în alt mod exploata comercial Serviciile de Platformă, Platforma Agenților de Suport sau tehnologia aferentă; (b) nu veți modifica, distribui, copia, pregăti lucrări derivate, dezasambla, compila invers, reconstitui prin inginerie inversă nicio parte a Serviciilor de Platformă, a Platformei Agenților de Suport sau a tehnologiei aferente; sau (c) nu veți accesa Serviciile de Platformă pentru a realiza un serviciu sau o tehnologie similară sau concurentă; sau (d) nu veți comunica niciuna dintre parolele dumneavoastră, protocoalele de acces sau alte metode de accesare a Serviciilor de Platformă.
2.3. Modificare. Ne rezervăm dreptul de a modifica, suspenda sau întrerupe Serviciile de Platformă sau orice parte a acestora în orice moment, cu sau fără notificare. Sunteți de acord că nu suntem răspunzători față de dumneavoastră sau față de orice terț pentru nicio modificare, suspendare sau întrerupere a Serviciilor de Platformă sau a oricărei părți a acestora.
2.4. Proprietate. Confirmați că toate drepturile de proprietate intelectuală asupra Serviciilor și a Platformei Solv sunt deținute de subscrisa, licențiatorii și Terții Furnizori (în sensul definit mai jos). Prin prestarea Serviciilor de Platformă nu se transferă către dumneavoastră sau către orice terț niciun drept, titlu sau interes asupra oricăror astfel de drepturi de proprietate intelectuală. Subscrisa și licențiatorii săi își rezervă toate drepturile care nu sunt acordate prin acești Termeni. Fără a limita caracterul general al celor precizate anterior, toate mărcile, siglele și mărcile de servicii („Mărcile”) afișate în cadrul Serviciilor de Platformă și pe Platforma Agenților de Suport sunt proprietatea subscrisei, sau proprietatea altor licențiatori terți. Nu aveți dreptul de a utiliza aceste Mărci fără acordul nostru prealabil scris sau fără acordul licențiatorilor terți relevanți și al Terților Furnizori care dețin respectivele Mărci.
2.5. Terții Furnizori. Anumite funcții ale Serviciilor de Platformă pot fi operate de terți furnizori („Terți Furnizori”). Pentru utilizarea funcțiilor Terților Furnizori, poate fi necesar să creați un cont sau să vă conectați în vreun alt mod la Furnizorul Terț relevant. Orice informații furnizate prin intermediul unei funcții a unui Furnizor Terț este înregistrată de respectivul Furnizor Terț pe serverele sale, fiind guvernate de termenii de servicii și politica de confidențialitate a respectivului Terț Furnizor. Informațiile respective pot fi partajate cu Solvᵀᴹ și prin prezentul sunteți de acord în ceea ce privește partajarea, de către Furnizorul Terț relevant, a respectivelor informații, cu Solvᵀᴹ.
2.6. Excludere din cadrul Serviciilor de Platformă . Serviciile de Platformă pot fi puse la dispoziție prin intermediul site-urilor web și birourilor de asistență independente ale Clientului, precum și prin intermediul altor proprietăți online și canale digitale de asistență clienți independente ale Clientului. Clienții noștri sunt responsabili pentru aceste proprietăți independente și pentru configurarea tehnologiei Solvᵀᴹ care oferă solicitări de Sarcini ale Agentului de Suport. Niciuna dintre activitățile Agenților de Suport, Utilizatorilor Finali sau îndeplinirea oricăror Sarcini ale Agentului de Suport nu sunt furnizate de Solvᵀᴹ, sau nu sunt răspunderea Solvᵀᴹ.

3. Conținut
3.1. Prevederi generale. Vă revine răspunderea exclusivă pentru Conținutul Generat de Agentul de Suport și pentru orice activitate legată de Conținutul Generat de Agentul de Suport, sau pentru utilizarea Serviciilor de Platformă în scopul furnizării Conținutului Generat de Agentul de Suport. Vă asumați toate riscurile asociate furnizării Conținutului Generat de Agentul de Suport și activității aferente furnizării Conținutului Generat de Agentul de Suport, inclusiv orice risc privind exactitatea, caracterul complet sau utilitatea acestuia pentru alte persoane. Societatea confirmă că puteți cesiona oricare dintre și toate drepturile și interesele pe care le puteți avea asupra Conținutului Generat de Agentul de Suport către un Client care vă angajează în scopul generării și/sau creării Conținutului Generat de Agentul de Suport relevant. Orice drepturi sau interese pe care le puteți avea asupra Conținutului Generat de Agentul de Suport se limitează la răspunsurile și informațiile pe care le generați sau le creați în numele unui Client. Conținutul Generat de Agentul de Suport nu include Platforma Solvᵀᴹ, Serviciile de Platformă sau orice drepturi de proprietate intelectuală asupra Platformei Agenților de Suport și asupra Serviciilor de Platformă, inclusiv fără limitare la orice răspunsuri sau informații generate sau create de alți Agenți de Suport care pot fi păstrate în, pe sau la Platforma Agenților de Suport și Serviciile de Platformă.

4. Conduită
4.1. Politica privind utilizarea acceptată. Prevederile de mai jos detaliază „Politica privind utilizarea acceptată” pe care o implementăm pentru folosirea platformei de către dumneavoastră: Înțelegeți că orice conținut furnizat de utilizatori, inclusiv Conținutul Generat de Agentul de Suport sau alt tip de conținut, postat în mod public sau transmis în privat, este responsabilitatea exclusivă a autorului respectivului conținut. Astfel, dumneavoastră, nu subscrisa, veți fi pe deplin responsabil(ă) de conținutul pe care îl încărcați, postați, trimiteți prin e-mail, transmiteți sau îl puneți altfel la dispoziție prin intermediul Serviciilor de Platformă, inclusiv orice sarcină pe care o vizualizați sau realizați. În mod specific, nu trebuie să utilizați Serviciile de Platformă cu următorul scop:

  • să încărcați, să postați, să trimiteți prin e-mail, să transmiteți sau să puneți altfel la dispoziție Conținut Generat de Agentul de Suport sau alt tip de conținut care să fie ilegal, dăunător, amenințător, abuziv, hărțuitor, delictual, defăimător, vulgar, obscen, calomniator, invaziv pentru viața privată a celorlalți, instigator la ură, controversat, sau care să încalce orice brevet, marcă, secret comercial, drept de autor sau alte drepturi protejate sau drepturi ale terților;
  • să încărcați, să postați, să trimiteți prin e-mail, să transmiteți sau să comunicați sau să postați altfel Conținut Generat de Agentul de Suport sau alt tip de conținut care să discrediteze oricare dintre produsele, serviciile, brandurile, politicile, operațiunile, personalul sau alte aspecte similare ale Clientului sau ale Societății.
  • să încărcați, să postați, să trimiteți prin e-mail, să transmiteți sau să puneți altfel la dispoziție Conținut Generat de Agentul de Suport sau alt tip de conținut pe care nu aveți dreptul să îl puneți la dispoziție în baza legii sau a unor raporturi contractuale sau fiduciare (precum informații privilegiate, informații protejate și informații confidențiale aflate sau dezvăluite în cadrul relațiilor de muncă sau a unor acorduri de confidențialitate);
  • să declarați sau să sugerați că Conținutul Generat de Agentul de Suport pe care îl dețineți sau un alt conținut este furnizat, sponsorizat sau susținut în orice fel de către noi, de către un Client, sau de către orice altă societate, organizație sau asociație;
  • să uzurpați identitatea oricărei persoane sau entități, inclusiv, dar fără limitare la, un lider, un ghid sau o gazdă a unui forum, sau să vă declarați în mod fals sau să prezentați în mod greșit afilierea dumneavoastră la o persoană sau entitate;
  • să colectați sau să stocați date cu caracter personal cu privire la alți Agenți de Suport, la personalul Clienților sau la consumatorii Utilizatorilor Finali ai Clienților;
  • să vătămați persoane minore în orice fel;
  • să încărcați, să postați, să trimiteți prin e-mail, să transmiteți sau să puneți altfel la dispoziție publicitate nesolicitată sau neautorizată, materiale promoționale, corespondență de tip junk, spam, corespondență în lanț (chain letters), scheme piramidale sau orice altă formă de oferire a serviciilor, exceptând domeniile (cum ar fi comerțul online) care au acest scop;
  • să încărcați, să postați, să trimiteți prin e-mail, să transmiteți sau să puneți altfel la dispoziție orice material care conține viruși informatici sau orice alt cod, fișier sau program care are scopul de a întrerupe, distruge sau limita funcționarea oricărui element de tip software sau hardware sau a echipamentelor de telecomunicații;
  • să oferiți suport material sau resurse (sau să ascundeți sau să mascați natura, locul, sursa, sau deținerea unui sprijin material sau a unor resurse) pentru organizații desemnate de către autoritățile publice drept organizații teroriste străine;
  • să încălcați legislația aplicabilă la nivel local, de stat, național sau internațional;
  • să falsificați antete sau să manipulați altfel elemente de identificare pentru a masca originea oricărui Conținut Generat de Agentul de Suport transmis prin intermediul Serviciilor de Platformă;
  • să creați mai multe Conturi Solvᵀᴹ, sau să „manipulați” sistemul pentru a câștiga pe nedrept puncte, recompense sau reputație, inclusiv, dar fără limitare la, transmiterea de către prieteni a unui conținut generat de agenți de suport sau a unui alt tip de conținut sau folosirea platformelor de angajare pentru a obține rezultate mai bune;
  • să interveniți în serverele și rețelele noastre sau să le afectați funcționarea, sau să încălcați orice cerințe, proceduri, politici sau norme ale rețelelor, inclusiv prin folosirea oricărui dispozitiv, a oricărui software sau a oricărei rutine pentru a evita mecanismele noastre de excludere a roboților;
  • să încercați să obțineți acces neautorizat la Serviciile de Platformă, la alte sisteme sau rețele informatice conectate la sau utilizate împreună cu Serviciile de Platformă, prin citire de parole sau alte mijloace.
  • să încălcați orice standard, normă, cod de conduită sau alte reguli consemnate în scris, astfel cum sunt afișate pe hub-ul Societății („Hub-ul Agenților de Suport”), pe care Agenții de Suport se angajează să îl consulte în mod regulat pentru a fi la curent cu orice actualizări.
5. Raporturi
5.1 Prevederi generale. Declarați și garantați că, exceptând cazul în care Societatea sau Clientul pentru care realizați Sarcinile Agentului de Suport au stabilit contrariul în scris, nu aveți calitatea de salariat sau de agent al Societății sau al Clientului respectiv. Declarați în mod expres că nu aveți raporturi de muncă cu Societatea sau cu oricare astfel de Clienți. Sunteți de acord că singurul raport pe care îl aveți cu Societatea este reprezentat de acești termeni de utilizare pentru accesarea și folosirea de către dumneavoastră a platformei. Sunteți, de asemenea, de acord că orice activitate sau servicii realizate de dumneavoastră vor fi efectuate în calitate de contractant independent. Niciun aspect al participării dumneavoastră în legătură cu Societatea, cu Clienții acesteia, cu Utilizatorii Finali ai Clienților sau cu alți Agenți de Suport nu are scopul și nu trebuie interpretat în sensul de a da naștere unor raporturi de parteneriat, intermediere, asociere sau muncă.
5.2 Despăgubiri. Întrucât prezentul acord constituie un contract de prestări servicii, nu un contract de muncă, veți despăgubi Solvᵀᴹ, Societatea și/sau Clientul (sau oricare dintre societățile grupului din care aceștia fac parte) pentru și cu privire la:
5.2.1 orice impozit pe venit, contribuții la asigurări de stat și asigurări sociale și orice alte datorii, deduceri, contribuții, impuneri sau creanțe rezultate din sau suportate în legătură cu serviciile dumneavoastră sau cu Conținutul Generat de Agentul de Suport în baza prezentului acord, în cazul în care recuperarea acestora nu este interzisă prin lege. De asemenea, veți despăgubi Solvᵀᴹ, Societatea și/sau Clientul pentru toate costurile și cheltuielile justificate și orice penalități, amenzi sau dobânzi suportate sau datorate de Solvᵀᴹ, Societate și/sau Client în legătură cu sau ca urmare a oricărei astfel de datorii, deduceri, contribuții, impuneri sau creanțe.
5.2.2 orice răspundere rezultată dintr-o pretenție legată de raporturile de muncă sau o pretenție privind statutul de lucrător (inclusiv costuri și cheltuieli justificate) formulată de dumneavoastră împotriva Solvᵀᴹ, a Societății și/sau a Clientului, rezultată din sau în legătură cu serviciile dumneavoastră, cu Conținutul Generat de Agentul de Suport sau alt conținut, în baza prezentului acord.
5.2.3 Solvᵀᴹ, Societatea și/sau Clientul pot achita, la propria alegere, această despăgubire (în întregime sau parțial) prin deducere din orice plăți care vă sunt datorate.
5.3 Control la realizarea sarcinilor. În cazul în care alegeți să răspundeți solicitărilor de realizare a Sarcinilor Agentului de Suport, Societatea sau oricare dintre Clienții săi nu va avea, în niciun caz, un control asupra activității dumneavoastră sau asupra modalităților prin care vă aduceți contribuția sau prestați activitatea. În calitate de contractant independent: veți alege căror solicitări ale Clientului de realizare a Sarcinilor Agentului de Suport să răspundeți, vă veți stabiliți programul de lucru și numărul de ore lucrate; vă veți stabili propriile tipare și metode de lucru; veți utiliza propriile dispozitive, articole de papetărie, instrumente și echipamente, inclusiv conexiunea la internet; veți realiza activitatea pentru orice terți selectați de dumneavoastră; și veți lucra independent. Nu veți: folosi bunurile sau echipamentele Solvᵀᴹ sau ale Clienților acesteia; realiza serviciile la sediile Clienților; transmite rapoarte către Clienți, în formă scrisă sau verbală; fi integrat în operațiunile comerciale sau tranzacțiile Clienților Solv. Nici Solvᵀᴹ, nici Clienții Solvᵀᴹ nu vă vor deconta cheltuielile; nu vă vor transmite instrucțiuni sau informații privind locul, momentul, modalitatea sau mijloacele de realizare a serviciilor; sau nu vă vor supraveghea în niciun mod sau sub nicio formă.

6. Plată
6.1 Plată. Societatea va facilita plățile către dumneavoastră în numele fiecărui Client prin intermediul PayPal sau al unui alt procesator de plăți. La libera sa apreciere, Solvᵀᴹ va selecta un procesator de plăți, iar dumneavoastră aveți obligația de a vă crea un cont la acest procesator de plăți pentru a încasa plata. Plata va fi facilitată conform politicii aplicabile de recepție a Clientului pentru realizarea Sarcinilor Agentului de Suport. În vederea direcționării plății către dumneavoastră în calitate de Agent de Suport, avem nevoie de informații pentru a vă verifica identitatea și a preveni fraudele. Solvᵀᴹ își rezervă dreptul (însă nu își asumă obligația), la alegerea noastră sau la cererea Clientului relevant sau la primirea unei sesizări privind o eventuală fraudă, taxare neautorizată sau altă utilizare incorectă a Serviciilor de Platformă, de a pune în așteptare sau de a anula orice plată.
6.2 Taxe. În cazul în care realizați Sarcini ale Agentului de Suport, sunteți unicul responsabil pentru și aveți obligația de a depune la termen toate declarațiile fiscale și plățile care trebuie depuse sau realizate către orice autoritate fiscală, de stat sau locală cu privire la primirea de remunerații în legătură cu furnizarea de Conținut Generat de Agentul de Suport și încasarea plăților aferente. Solvᵀᴹ, procesatorul de plăți sau Clientul aplicabil vor declara (și pot reține (în măsura impusă de lege) impozite cu reținere la sursă cu privire la) plățile efectuate către dumneavoastră la autoritățile publice, dacă și în măsura impusă de lege.

7. Informații confidențiale
7.1 Sfera informațiilor confidențiale. Confirmați și acceptați că orice informații pe care le primiți în legătură cu o solicitare de realizare a Sarcinilor Agentului de Suport constituie informații protejate, confidențiale ale (a) Clientului relevant, sau ale (b) Utilizatorilor Finali ai Clientului relevant („Partea care Dezvăluie Informații”, după caz), indiferent dacă sunt marcate sau nu drept informații protejate, confidențiale, cu caracter personal, sau cu alte mențiuni (denumite în continuare împreună „Informații Confidențiale”). Informațiile Confidențiale nu includ informațiile care în mod demonstrabil (a) sunt sau devin disponibile în mod general publicului altfel decât ca urmare a dezvăluirii de către dumneavoastră; (b) au fost deținute de către dumneavoastră anterior furnizării prin intermediul Serviciilor de Platformă; sau (c) devin disponibile dintr-o altă sursă decât Serviciile de Platformă. De asemenea, nu va reprezenta o încălcare dacă dezvăluiți Informații Confidențiale sau Date cu Caracter Personal (în sensul definit în Politica de Confidențialitate) ca răspuns la o citație sau la un alt act care vă este comunicat sau dacă legile sau normele aplicabile impun dezvăluirea acestor informații, cu condiția să notificați în scris Solvᵀᴹ, în măsura în care nu este interzis prin legea aplicabilă, cu suficient timp în prealabil pentru a permite Solvᵀᴹ să informeze Clientul relevant, astfel încât Clientul să poată solicita un ordin de protecție dacă este cazul, și să dezvăluiți numai informațiile pentru care există în mod legal o obligație de dezvăluire.
7.2 Obligații cu privire la Informațiile Confidențiale.
7.2.1 Veți păstra confidențialitatea strictă a Informațiilor Confidențiale și nu veți colecta, utiliza, stoca, divulga sau prelucra în alt mod nicio Informație Confidențială, cu excepția cazului în care veți primi instrucțiuni scrise să procedați astfel din partea unui Client sau a Solvᵀᴹ sau după cum va fi strict necesar în vederea îndeplinirii Sarcinilor Agentului de Suport și în conformitate cu instrucțiunile unui Client sau ale Solv și cu legea aplicabilă.
7.2.2 Nu veți divulga, prelucra sau utiliza în alt mod nicio Informație Confidențială într-o manieră de natură a încălca orice lege aplicabilă și sunteți de acord să notificați Solvᵀᴹ și/sau orice client în scris, în mod prompt, dacă veți considera că orice instrucțiune dată de către Solvᵀᴹ sau de către un client ar încălca orice lege aplicabilă.
7.2.3 Sunteți de acord să ne notificați în scris în mod prompt în cazul în care luați cunoștință despre orice colectare, utilizare, stocare, divulgare sau prelucrarea în alt mod a oricăror Informații Confidențiale într-o manieră nepermisă prin prezenții Termeni.
7.2.4 Sunteți de asemenea de acord să luați măsurile tehnice și organizaționale corespunzătoare pentru a asigura confidențialitatea, integritatea, disponibilitatea și flexibilitatea oricăror sisteme utilizate pentru îndeplinirea Sarcinilor și pentru a asigura protecția împotriva oricărei distrugeri, pierderi, modificări ilegale, divulgări sau accesări neautorizate a oricăror Informații Confidențiale transmise, stocate sau prelucrate în alt mod.
7.2.5 Nu veți angaja nicio altă persoană fizică sau juridică pentru a oferi asistență în furnizarea Conținutul Generat de Agentul de Suport cu excepția cazului în care primiți instrucțiuni scrise în acest sens din partea Solvᵀᴹ.
7.2.6 Sunteți de acord să puneți la dispoziția Solvᵀᴹ toate informațiile necesare pentru a demonstra respectarea obligațiilor prevăzute de prezenta Secțiune și de legea aplicabilă cu privire la Informațiile Confidențiale și să permiteți Solvᵀᴹ să efectueze audituri, inclusiv inspecții, cu privire la respectarea de către dumneavoastră a obligațiilor prevăzute de prezenta Secțiune.
7.2.7 La rezilierea, anularea sau expirarea Contului dvs. Solvᵀᴹ din orice motiv sau la solicitarea Solv în orice moment, veți distruge toate Informațiile Confidențiale, împreună cu orice copii care pot fi autorizate în baza prezenților Termeni. Veți putea păstra doar acele Informații Confidențiale care vă sunt necesare pentru a verifica primirea oricăror plăți pe care le primiți în scopul respectării obligațiilor dvs. fiscale.
7.2.8 Obligațiile dvs. în baza prezentei clauze 7 și obligația generală de confidențialitate față de Client și Solvᵀᴹ vor continua să fie valabile pe durată nedeterminată și după încetarea prezentului acord.
7.2.9 Nicio prevedere a prezenților Termeni nu are scopul de a acorda și nu vă va acorda nicio licență sau orice fel de alt drept de a utiliza orice Informații Confidențiale cu excepția cazurilor permise în baza prezentei Secțiuni. Nicio prevedere a prezenților Termeni nu va fi considerată ca o interdicție cu privire la prestarea de către dumneavoastră a acelorași servicii sau a unor servicii similare în legătură cu platformele unor terțe părți, indiferent dacă orice astfel de terță parte este un concurent direct sau indirect al Solvᵀᴹ, cu excepția faptului că nu veți utiliza, în prestarea acestor servicii, nicio Informație Confidențială sau alte informații fără caracter public cu privire la activitatea Solv care sunt desemnate și/sau clasificate drept confidențiale în momentul divulgării acestora către dumneavoastră sau despre care cunoșteați sau ar fi trebuit să cunoașteți în mod rezonabil, în situația dată, că sunt considerate confidențiale sau constituie proprietatea Solvᵀᴹ, chiar dacă nu au fost desemnate sau clasificate astfel.

8. Declinarea răspunderii
Cu excepția cazului în care este interzis în alt mod de legea aplicabilă, Serviciile de Platformă sunt furnizate “așa cum sunt” și în limita disponibilității. Solvᵀᴹ declină în mod expres oricare și toate declarațiile, garanțiile și condițiile de orice fel, exprese sau implicite, inclusiv cele privind vandabilitatea, adecvarea pentru un anumit scop, proprietatea, folosința liniștită, exactitatea sau inexistența unei contrafaceri. Solvᵀᴹ nu acordă nicio garanție că Serviciile de Platformă sau Platforma Agentului de Suport sau orice conținut al acesteia: (a) vor corespunde cerințelor dumneavoastră; (b) vor fi disponibile în mod neîntrerupt, prompt, sigur sau fără erori; sau (c) vor fi exacte, fiabile, complete, legale sau sigure.

9. Limitarea răspunderii
Solvᵀᴹ (și Clienții noștri, utilizatorii finali ai Clienților sau Terții Furnizori (împreună, „Partenerii”)) nu vor fi în niciun caz răspunzători față de dumneavoastră sau față de orice terț pentru orice pierdere a profitului sau orice daune indirecte, subsecvente, exemplare, incidente, speciale sau punitive care decurg din prezenții Termeni sau din utilizarea de către dumneavoastră sau din incapacitatea dumneavoastră de a utiliza Serviciile de Platformă, chiar dacă am fost informați în legătură cu posibilitatea apariției acestora. Accesul la și utilizarea Serviciilor se fac la alegerea și pe riscul dumneavoastră. Fără a aduce atingere niciunei prevederi în sens contrar din prezenții Termeni, răspunderea noastră (și a Partenerilor noștri) față de dumneavoastră pentru orice daune care decurg din sau în legătură cu Serviciile de Platformă (din orice cauză și indiferent de forma acțiunii) se va limita întotdeauna la valoarea cea mai mare dintre: (a) 50 USD (cincizeci dolari americani) sau (b) sumele plătite către dumneavoastră pentru conținutul Agentului de Suport sau alt conținut în ultimele 12 luni (dacă este cazul).

10. Despăgubiri
10.1 Acordate de către dumneavoastră .Sunteți de acord să despăgubiți și să exonerați de răspundere Solvᵀᴹ, entitățile noastre mamă, filialele, afiliații, orice societăți afiliate, Partenerii, furnizorii, titularii de licențe, precum și pe membrii de conducere, administratorii, angajații, mandatarii și reprezentanții fiecăreia/fiecăruia dintre acestea/aceștia, inclusiv în legătură cu costurile și onorariile avocațiale, cu privire la orice pretenție sau cerere a oricărui terț din cauza sau decurgând din: (i) utilizarea de către dumneavoastră a Serviciilor de Platformă, (ii) Sarcinile Agentului dumneavoastră de Suport sau (iii) încălcarea de către dumneavoastră a prezenților Termeni. Ne rezervăm dreptul, pe cheltuiala dumneavoastră, de a ne asuma apărarea și controlul exclusive în legătură cu orice situație cu privire la care aveți obligația de a ne despăgubi și sunteți de acord să cooperați la apărarea noastră față de aceste pretenții. Sunteți de acord să nu soluționați pe cale extrajudiciară nicio situație fără acordul nostru prealabil scris. Vom depune toate eforturile în mod rezonabil pentru a vă notifica în legătură cu orice astfel de pretenție, acțiune sau procedură în momentul în care luăm cunoștință de aceasta.

10.2 Acordate de către noi. Solvᵀᴹ (1) va formula apărări în sau, la alegerea noastră, va soluționa pe cale extrajudiciară, orice proces intentat de un terț împotriva dumneavoastră („Procesul”) în măsura în care în acest Proces se invocă faptul că primirea de către dumneavoastră a Serviciilor de Platformă, astfel cum este permisă în baza prezenților Termeni, constituie o încălcare sau o însușire ilegală de către dumneavoastră a drepturilor de proprietate intelectuală ale respectivului terț; și (2) va plăti (i) orice hotărâre sau hotărâre arbitrală definitivă rezultând în mod direct din respectivul Procesul sau (ii) daunele-interese agreate de către noi în cadrul unei soluționări extrajudiciare a respectivului Proces. În cazul în care orice parte a Serviciilor de Platformă devin sau, în opinia noastră, sunt susceptibile a deveni obiectul unei cereri de despăgubiri pentru încălcarea dreptului de proprietate, putem, la alegerea noastră: (a) să obținem pentru dumneavoastră dreptul de a continua să utilizați Serviciile de Platformă; (b) să înlocuim Serviciile de Platformă cu un software sau cu Servicii de Platformă care nu încalcă drepturi de proprietate, fără a fi afectată în mod semnificativ funcționalitatea Serviciilor de Platformă; (c) să modificăm Serviciile de Platformă astfel încât acestea să nu mai încalce niciun drept de proprietate; sau (d) să reziliem prezenții Termeni și din momentul rezilierii veți înceta imediat orice utilizare a Serviciilor de Platformă. Fără a aduce atingere celor de mai sus, nu vom avea nicio obligație în baza prezentei secțiuni sau în alt mod în legătură cu orice cerere de despăgubire pentru încălcarea dreptului de proprietate care nu ar fi intervenit în lipsa (x) oricărei utilizări a Serviciilor de Platformă în neconformitate cu prezenții Termeni; (y) oricărei utilizări a Serviciilor de Platformă în combinație cu alte produse, echipamente, software-uri sau date nefurnizate de către noi; sau (z) oricărei modificări a Serviciilor de Platformă de către oricine altcineva decât noi sau mandatarii noștri autorizați. Prezenta subsecțiune prevede remediul dumneavoastră unic și exclusiv și întreaga răspundere a Solvᵀᴹ sau a oricăruia dintre membrii de conducere, administratorii, angajații, asociații, contractanții sau reprezentanții noștri cu privire la activitatea și cererile de despăgubire pentru încălcarea dreptului de proprietate.

11. Exonerare de răspundere
Prin acești Termeni, exonerați de răspundere Solvᵀᴹ, entitățile noastre afiliate, membrii de conducere, angajații, mandatarii și succesorii cu privire la orice pretenții, orice cereri și toate pierderile, prejudiciile, drepturile, pretențiile și orice fel de demersuri, care au legătură cu sau decurg în mod direct sau indirect din orice interacțiune cu Agenții de Suport, Clienții, Utilizatorii Finali ai Clientului, utilizatorii sau Terții Furnizori, din conduita acestora sau din Sarcini ale Agentului de Suport atribuite de cei menționați

12. Durată și încetare
Solvᵀᴹ poate (a) suspenda, limita sau dispune încetarea drepturilor dumneavoastră de a utiliza sau accesa Serviciile de Platformă (inclusiv Contul dumneavoastră Solvᵀᴹ) din propria inițiativă sau la cererea unui Client, sau (b) înceta acești Termeni, în orice moment din orice motiv la libera sa alegere, inclusiv dar fără a se limita la următoarele motive: (i) pentru orice utilizare a Serviciilor de Platformă cu încălcarea acestor Termeni; sau (ii) dacă în timpul executării Sarcinilor Agenților de Suport, nu îndepliniți sau încetați să îndepliniți reglementările prevăzute în orice acord suplimentar cu un Client.; La încetarea acestor Termeni, Contul dumneavoastră Solvᵀᴹ și dreptul de a accesa și utiliza Serviciile de Platformă vor înceta imediat. Înțelegeți că orice încetare a Contului dumneavoastră Solvᵀᴹ poate implica ștergerea conținutului asociat acestuia. Nu ne asumăm nicio răspundere față de dumneavoastră pentru orice încetare a acestor Termeni, inclusiv pentru încetarea Contului dumneavoastră Solvᵀᴹ sau ștergerea conținutului generat de dumneavoastră. Chiar și după încetarea lor, următoarele prevederi din acești Termeni vor rămâne în vigoare: Secțiunile 1.4, 2.2 – 2.6, 3 – 5, și 7 -15.

13. Politica cu privire la drepturile de autor
Solvᵀᴹ respectă proprietatea intelectuală a altor persoane și solicită Partenerilor care au acces la și utilizează Serviciile noastre de Platformă să procedeze la fel. În legătură cu Serviciile de Platformă, am adoptat și pus în practică linii directoare care respectă legea privind drepturile de autor care prevede eliminarea oricăror materiale care încalcă drepturile de autor și încetarea, în circumstanțe adecvate, a relației cu Agenții de Suport care nu respectă termenii noștri sau încalcă drepturile de proprietate intelectuală, inclusiv drepturile de autor.

14. Litigii
Renunțarea la procesul cu jurați și acțiuni colective. Dacă atât dumneavoastră cât și Solvᵀᴹ nu ați agreat în scris contrariul, orice pretenție va fi formulată exclusiv în mod individual și nu în cadrul unei proceduri colective, consolidate sau grupate. Aceasta înseamnă că litigiul nu va fi consolidată cu alte aspecte sau conexată cu orice alte cauze sau părți.
Renunțarea la acțiunile colective sau consolidate și renunțarea la arbitraj. Toate pretențiile și disputele apărute între dumneavoastră și Solvᵀᴹ rezultând din utilizarea de către dumneavoastră a platformei Solvᵀᴹ trebuie soluționate în mod individual și nu ca o acțiune colectivă sau în mod colectiv. În mod similar, sunteți de acord că toate pretențiile sau cererile formulate împotriva unui Client sau Utilizator Final rezultând din orice activitate sau servicii prestate de dumneavoastră în numele unui Client sau Utilizator Final, precum și cele rezultate din orice Sarcini ale Agentului de Suport, trebuie soluționate în mod individual și nu ca o acțiune colectivă sau în mod colectiv. De asemenea, sunteți de acord că orice cauză sau litigiu adus în fața instanței vor fi soluționate de un Judecător și nu de un arbitru. Prin urmare, confirmați și sunteți pe deplin de acord să renunțați la arbitraj, și/sau de a participa în calitate de reclamant sau membru în orice presupusă acțiune colectivă sau grupată.
Menținerea termenilor. Termenii din Secțiunea 14 din prezentul Acord vor supraviețui încetării relației cu Solvᵀᴹ bazate pe acești termeni de utilizare (și/sau oricărei relații dintre un contractant independent și orice Client relevant /Clienți relevanți).
Alegerea instanței. Pentru orice dispute rezultând din termenii sau condițiile prezentului Acord sau utilizarea de către dumneavoastră a platformei Solvᵀᴹ sau activitatea de furnizare de conținut generat de Agentul de Suport, părțile convin prin prezentul Acord să se supună jurisdicției personale a instanțelor competente din România în acest scop.
Legea aplicabilă. Acești Termeni și orice dispută sau pretenție (inclusiv dispute sau pretenții necontractuale) rezultând din sau în legătură cu aceștia sau cu obiectul sau constituirea lor vor fi guvernate și interpretate în conformitate cu legea din România

15. Modificări generale ale Termenilor. Acești Termeni sunt supuși revizuirii, iar în cazul în care Solvᵀᴹ face orice modificări substanțiale, veți fi notificat printr-un e-mail transmis la ultima adresă de e-mail furnizată către Solvᵀᴹ (dacă există) și/sau prin afișarea unei notificări extrem de vizibile privind modificările pe Serviciile noastre de Platformă, astfel încât să fie văzută atunci când vizitați și/sau vă conectați la Serviciile de Platformă pentru prima dată după afișarea modificării. Aceste modificări nu vor schimba retroactiv prevederile cu privire la dispute din Secțiunea 14 pentru orice dispute aflate în curs în momentul respectiv. Continuarea utilizării de către dumneavoastră a Serviciilor de Platformă după afișarea modificărilor constituie acceptul dumneavoastră cu privire la modificări. Dacă nu sunteți de acord cu Termenii actualizați, trebuie să încetați să utilizați Serviciile de Platformă. Orice modificări ale acestor Termeni produc efecte imediat după afișarea notificării privind modificările, pe Serviciile noastre de Platformă. Sunteți responsabil să ne furnizați cea mai actuală adresă de e-mail a dumneavoastră. În cazul în care ultima adresă de e-mail pe care ne-ați furnizat-o nu este valabilă, sau din orice motiv nu poate transmite către dumneavoastră notificarea descrisă mai sus, expedierea de către noi a e-mail-ului care conține respectiva notificare va reprezenta totuși o notificare valabilă cu privire la modificările descrise în notificare.
Comunicări electronice. Comunicările dintre dumneavoastră și Solvᵀᴹ se fac prin mijloace electronice, indiferent dacă vizitați Serviciile de Platformă sau transmiteți e-mailuri, sau dacă Solvᵀᴹ afișează notificări în cadrul Serviciilor de Platformă sau comunică cu dumneavoastră prin e-mail. În scopuri contractuale, (a) sunteți de acord să primiți comunicări din partea Solvᵀᴹ în format electronic; și (b) sunteți de acord că toți termenii și condițiile, acordurile, notificările, divulgările, precum și alte comunicări pe care Solvᵀᴹ vi le furnizează electronic satisfac orice cerință legală pe care respectivele comunicări le-ar satisface dacă ar fi în format scris. Cele de mai sus nu afectează drepturile dumneavoastră conform legii.
Integralitatea acordului. Acești Termeni (care includ orice alte reguli afișate pe Serviciile de Platformă) constituie întregul acord cu privire la utilizarea Serviciilor de Platformă. Neexercitarea sau neexecutarea de către Solv a unui drept sau a unei prevederi din acești Termeni nu va opera ca o renunțare la respectivul drept sau respectiva prevedere. Titlurile secțiunilor din acești Termeni au exclusiv rol orientativ și nu produc efecte juridice sau contractuale. Cuvântul „inclusiv” înseamnă „inclusiv, dar fără a se limita la.” Dacă orice prevedere din acești Termeni este, din orice motiv, nulă sau inaplicabilă, celelalte prevederi din acești Termeni nu vor fi afectate, iar prevederea nulă sau inaplicabilă va fi considerată modificată astfel încât să fie valabilă și aplicabilă în măsura maximă permisă de lege. Acești Termeni, precum și drepturile și obligațiile ce vă revin în baza prezentului Acord, nu pot fi cesionate, subcontractate, delegate sau altfel transferate de dumneavoastră fără acordul nostru prealabil în scris, iar orice încercare de cesionare, subcontractare, delegare sau transfer cu încălcarea prevederilor de mai sus va fi nulă și neavenită. Solvᵀᴹ poate cesiona în mod liber acești Termeni. Condițiile acestor Termeni vor fi obligatorii cu privire la cesionari.
Indisponibilitatea sistemului și modificări ale Serviciilor de Platformă. Confirmați și sunteți de acord că vor exista ocazii când Serviciile de Platformă vor fi întrerupte pentru întreținere sau actualizări planificate, reparații de urgență, sau ca urmare a defectării legăturilor și echipamentelor de telecomunicații care nu se află sub controlul nostru, și că nu vom fi responsabili pentru imposibilitatea dumneavoastră de a accesa și/sau utiliza Serviciile de Platformă, sau orice parte a acestora, pe durata evenimentelor de mai sus. Ne rezervăm dreptul de a modifica, schimba sau varia Serviciile de Platformă, Serviciile de Platformă oferite prin intermediul sau în baza Serviciilor de Platformă în orice moment fără notificare.
Beneficiar terț. Împreună cu Solvᵀᴹ, confirmați și sunteți de acord că fiecare Client este un beneficiar terț al acestor Termeni, și că, în momentul în care ați acceptat termenii și condițiile acestor Termeni, fiecare Client respectiv va avea dreptul (și va fi considerat că a acceptat dreptul) de a pune în aplicare acești Termeni împotriva dumneavoastră în calitatea sa de terț beneficiar al acestora.
Forța Majoră. Nu ne asumăm nicio răspundere față de dumneavoastră în conformitate cu Termenii dacă executarea obligațiilor ce ne revin față de dumneavoastră conform Termenilor sau desfășurarea activității noastre este împiedicată sau întârziată de acte, evenimente, omisiuni sau accidente pe care nu le putem rezonabil controla, inclusiv, dar fără a se imita la, greve ale salariaților, greve patronale sau alte dispute industriale (indiferent dacă implică forța noastră de muncă sau orice altă parte), defecțiuni ale unui serviciu de utilități sau ale rețelei de transport sau telecomunicații, catastrofă naturală, război, revoltă, mișcare civilă, distrugere intenționată, conformarea cu orice lege sau ordin guvernamental, normă, regulament sau instrucțiune, accident, defectarea unei instalații sau utilaj, incendiu, inundație, furtună sau culpa furnizorilor sau a subcontractanților, cu condiția să vă notificăm cu privire la un astfel de eveniment și durata preconizată a acestuia.
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