Terms & Conditions
GENERAL BLOCKCHAIN, INC.
Terms of Service (“TOS”)
All users of the Microwork App must agree to the following terms (the “Terms of Service”). Please read them carefully. By using or registering for our Services (as defined below), you agree that:
1. You are at least 18 years of old and capable of entering into legally binding contracts:
2. You are bound by these Terms of Service, and all Microwork’s policies and guidelines referenced in this agreement;
3. You have the authority to enter this agreement on behalf of yourself or the entity you represent; and
4. You will not abuse the Microwork app, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on Microwork, which requires human intelligence.
BY SELECTING "I AGREE," DOWNLOADING OR USING THE MICROWORK APP, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE MICROWORK APP.
1. ABOUT US.
We are General Blockchain Inc. a company registered in Delaware, USA. Our registered office is at 553 Jackson Street, San Jose, CA-95112, USA, our company registration number is 3812333, and our registered VAT number is EIN 81-1737557. We may also refer to ourselves as Microwork.
We collect data such as images and videos using our mobile app. The data is used to train machine-learning models to recognize objects and actions. Tasks are available to you via the mobile app, which you can complete by taking photos and submitting them to us. We may use these photos to create datasets, or we may operate as an intermediate service between entities, who buy the photos, and users, who create them by doing those tasks. We reward our users for their contributions in accordance with the terms, set out for each particular task.
2. DEFINITION OF TERMS.
2.1 Independent Contractor: An independent contractor is a person who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services, and other characteristics, to wit:
a. A self-employed individual who pays self-employment taxes; and
b. The worker supplies his or her own equipment, materials, and tools.
2.2 Proprietary Information: The term "Proprietary Information" shall mean any confidential and proprietary knowledge, data or information of the Company or relating to the Company's business, whether in oral, written, electronic or other form and whether received by Microworker before or following the date hereof.
2.3 Company Materials: Microworker understands that Microwork possesses or will possess Company Materials, which are important to its business. For purposes of this Agreement, “Company Materials” are documents or other media or tangible items that contain or embody Proprietary Information and any other information concerning the business, operations or plans of the Company and its customers and partners. Company Materials include, but are not limited to, data files, blueprints, reports, analyses, drawings, photographs, charts, graphs, notebooks, customer lists, computer disks, digital storage media, printouts, audio or video recordings and other printed, typewritten or handwritten documents, and any other materials otherwise delivered to Consultant in respect of the Services provided hereunder.
3. YOUR RESPONSIBILITIES.
As an Independent Contractor of Microwork, YOU will be referred as “Microworker” and hereby agrees to observe all the provisions of this Agreement, as well as all other rules and policies that Microwork may announce from time to time.
Microworker shall use commercially reasonable efforts to complete each assigned task in as
Economical a manner as practicable and to minimize the time and materials charges or costs and other charges and expenses incurred in connection therewith, to the maximum extent practicable, consistent with Consultant’s other obligations under this Agreement.
Microworker recognizes that Microwork possesses a body of existing technology and intellectual property rights and is engaged in a continuous program of research, development, and production concerning its business (present and future). Microworker further understands that:
i. As an Independent Contractor of Microwork, Microworker may be expected to make new contributions and inventions of value to the Company, and
ii. Microworker creates a relationship of confidence and trust with Microwork, and that its position places it in a unique position of access to the proprietary technology, trade secrets, and research, development and business information.
4. PROPRIETARY INFORMATION.
Microworker acknowledges that all original works of authorship which are made by Microworker (solely or jointly with others) which are protectable by copyright are “works made for hire,” pursuant to United States Copyright Act (17 U.S.C., Section 101). Microwork shall own all Work Product and shall be considered "work made for hire."
For purposes of this Agreement, “Work Product” shall mean all intellectual property rights, including all Trade Secrets, U.S. and international copyrights, patentable inventions, discoveries and improvements, and other intellectual property rights, in any documentation, methodology or other work product that relates to the business and interests of Microwork and that Microworker conceives, develops, or delivers to Microwork at any time during the term of this Agreement. Microworker hereby irrevocably relinquishes for the benefit of Microwork and its assigns any moral rights in the Work Product recognized by applicable law.
The Work (including, without limitation, any annotation services, photo tasks on our mobile apps and dataset products in connection with Work or by use of or exposure to Microwork Confidential Information, and all other data generated during those tasks including pictures, videos, survey answer, etc.) has been specially ordered and commissioned by Microwork, and constitutes work made for hire under applicable copyright law to the extent it qualifies as such. The Microworker agrees that Microwork will own all Intellectual Property Rights in the Work and that the Work is a “work made for hire” for copyright purposes.
All Company Materials shall be the sole property Microwork. Microworker agrees that during the term of this Agreement, Microworker will not remove any Company Materials from the systems of Microwork, unless expressly authorized to do so, or deliver any Company Materials to any person or entity outside Microwork, except as required to do in connection with performance of the Services under this Agreement, as approved by Microwork in writing. Microworker further agrees that immediately upon Microwrok’s request, and in any event upon completion of the Services or termination of this Agreement, Microworker shall promptly deliver to the Microwork all Company Materials, any media which contains Work Product. At all times before or after completion of the Services, Microwork shall have the right to examine the Work Product and any materials relating to it to ensure Microworker’s compliance with the provisions of this Agreement.
6. MICROWORKER REPRESENTATIONS AND WARRANTIES.
The Microworker represents and warrants that:
a. The Work as delivered to Microwork does not infringe or misappropriate any copyright, patent, trade secret, trademark, or other proprietary right held by any third party and is free of any lien, claim, security interest or encumbrance;
b. The Work will meet the specifications described in the applicable Schedule, will be complete and accurate, and will comply with all applicable laws and regulations;
c. The Microworker will have all necessary rights to the Work to transfer ownership to Microwork. Work created by the Microworkers will be created within the scope of their tasks pursuant to a written obligation to assign to Microwork all right, title and interest in the Work; and
d. Microwork’s Materials will be used for the sole purpose of performing the Work and will not be disclosed to or used for the benefit of any third party.
Microworker agrees that any breach or threatened breach of this Agreement could cause irreparable damage and that in the event of such breach, or threatened breach, Microwork shall have, in addition to any and all remedies of law, the right to an injunction, specific performance as well as all other equitable relief to prevent the violation of Microworker’s obligations hereunder without the necessity of any proof of actual damages or the posting of a bond or other security.
7. DUTY OF CONFIDENTIALITY.
At all times during and after the term of this Agreement, Microworker will hold in strictest confidence, and will not use or disclose to any third party, any Company Confidential Information. The term “Company Confidential Information” means all non-public information that Microwork designates as being confidential or which under the circumstances of disclosure ought to be treated as confidential.
In furtherance of, and not in limitation of any other provision of this Agreement, Microworker agrees (i) to hold Company Materials and Microwork’s Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information, (ii) not to divulge any such Proprietary Information to any third person, including, but not limited to, any affiliated entity, except as otherwise herein contemplated, (iii) not to make any use whatsoever at any time of Proprietary Information except in connection with the performance of this Agreement, and (iv) not to copy, decompile, disassemble or reverse engineer any such Proprietary Information and/or pre-release hardware devices. Any Microworker given access to any Proprietary Information must have a legitimate “need to know” and shall be bound by an obligation to maintain the confidentiality of Proprietary Information.
8. MISCELLANEOUS. A Microworker is an independent contractor for Microwork. Nothing in this Agreement will be construed as creating an employer-employee relationship, partnership or joint venture, as a guarantee of future employment or projects, as a limitation upon Microwork’s sole discretion to terminate this Agreement at any time without cause, or as creating an exclusive relationship or minimum commitment.
Microwork has entered into this Agreement in reliance on information provided by the Microworker, including the Microworker’s express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. The Microworker shall be responsible for paying all applicable taxes relating to the scope of work, including, without limitation, the payment of any self-employment taxes and acknowledges that Microwork will not withhold taxes from the fees payable to Microworker on the Microworker's behalf.
9. GOVERNING LAW AND VENUE.
These Terms and your access to and use of the Services will be governed by the laws of the State of California, U.S.A., without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Jose County, California.
10. VIOLATION OF THESE TERMS AND SERVICE.
We may suspend, limit, or cancel your access to Microwork app at any time for any reason because: (a) we believe you have violated these Terms of Service (including the Code of Conduct and other related policies); (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or d) we believe your actions may create liabilities for you, us, or a third party. For the avoidance of doubt, we reserve the right to prevent or suspend payment to you if we reasonably believe that any of the preceding applies to such payment.
If we suspend or terminate your account, you will no longer have access to any parts of the Microwork app, including data, messages, files, and other material you keep on the app. All unpaid earnings accumulated before the termination shall be paid to the account on file. You may NOT continue to use our app under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact us and immediately navigate away from using the Microwork app.