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Sign UpData Processing Agreement (Last updated: April 21, 2023)

If you do not agree to these Terms of Service, you may not use or access the Site or the Service.

1. Purpose

The Services include an online security service (the "hCaptcha Service") and a platform (the "Intuition Machines Platform") on which an individual ("Contributor") can choose to perform tasks that a third party entity or Intuition Machines itself (each a "Requester") posts to our website or the hCaptcha Service, either directly on our website or by accessing the Intuition Machines Platform and/or performing tasks through or in connection with a third party entity and/or platform or service (each, an "Integrator"). Requesters post tasks and invite Contributors to perform them in exchange for rewards provided by IMI to Integrators, or as determined by the Requester if the Requester is using the Intuition Machines Platform or hCaptcha Service to serve tasks to their own end-users. We charge companies and individuals (each a "Customer") for use of our platform so that they may use our software, author tasks, hire us to author tasks, and/or gain access to the Contributors. We also charge Integrators for use of our hCaptcha Service in order to reduce fraud, abuse, and spam on their websites, mobile apps, and other online properties. The foregoing is referred to collectively as the "Services."

2. Eligibility

By using or registering for our Services, you agree: you are at least 18 years of age; you have the authority to enter this agreement on behalf of yourself or the entity you represent, and will at all times remain in compliance with these Terms of Service and all IMI policies and guidelines referenced herein; and you will not abuse our website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on IMI which requires human intelligence.

3. Customers and Requesters

If you are a Customer or Requester, you agree that the additional terms attached hereto as the Customer Appendix will apply and be incorporated by reference into these Terms of Service. If you are not a Customer or Requester, or cease to be a Customer or Requester, then the additional terms in the Customer Appendix will not apply nor will they be incorporated by reference into these Terms of Service.

4. Username and Password

Upon registration, you will be asked to disclose certain personal information about you ("Personal Information"), including your name, email address, and to create a username and password, all of which will be subject to our Privacy Policy, available on our website. You alone are responsible for monitoring, ensuring and maintaining the security of your account, passwords, and any authentication keys associated with your account, and you are responsible for any use of or action taken through use of that information on the Services.

You agree that you will not share your account or password with anyone.

You must notify IMI immediately if you suspect that your account information has been stolen or used by someone else, or any other breach of security.

You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.

5. Your Privacy, Your Data, and "Data For All"

You accept our Privacy Policy, which governs what we will do with any Personal Information you give to us.

In addition to Personal Information, you may also be required to provide (or it may be necessary for us to collect) other data so that we may provide the Services (collectively, "Customer Data"). We are not liable for any failure to perform Services that is caused by your delay or failure to provide Customer Data.

You hereby grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license during the term of this Agreement to use, reproduce, electronically distribute, and publicly display any Customer Data solely for the purpose of providing the Services. You represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.

We aggregate Customer Data with other data so that results are non-personally identifiable and we also collect de-identified technical logs and data regarding use of the Services ("Aggregate/De-identified Data"). Notwithstanding anything to the contrary herein, any such Aggregate/De-identified Data may be used by IMI for any business purpose during or after the term of this Agreement, including without limitation to develop and improve the Services and to create and distribute reports and other materials. Customer Data may also persist and be displayed in the system for a limited period of time not to exceed 180 days after a job is complete, for example as automatic calibration or validation data for Intuition Machines systems. For clarity, this Section 5 does not give us the right to identify you as the source of any Aggregate/De-identified Data without your prior written permission.

‍For the avoidance of doubt, the following paragraph applies exclusively to Customers using our annotation services, and not to use of our Services as an Integrator. If you are a Customer of our annotation services and have selected the "Data For All" option as part of your use of the Services, then you grant to IMI and all users of the Services a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license to fully exploit all Customer Data, including all related intellectual property rights. If you do select the "Data for All" option, you represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.

If your data contain potentially explicit or offensive content, we require you to mark them "EXPLICIT CONTENT" to serve as fair warning to anyone who sees your data. You may not without a separate written agreement with IMI include tasks that violate our policies, including, but not limited to, (a) tasks that directly or indirectly promote another website or service, (b) tasks that violate a third party website's terms and conditions, (c) tasks asking Contributors to solicit third parties, (d) tasks that ask Contributors to take action to manipulate a website's behavior or results, (e) tasks that violate the intellectual property rights of third parties, and (f) tasks that require Contributors to download software or files.

6. Acceptable Behavior

You are encouraged to interact with other users anywhere on our website, Forum, messaging, chat, and other social media channels controlled by IMI, but if you do so you must comply with all terms of service and use on our site and all relevant laws.

Please note that your access to our service requires compliance with all applicable laws. We may choose to block or remove your account and any associated resources if your service:

  • Contains, displays, distributes, or encourages the creation of child sexual abuse material, or otherwise exploits or promotes the exploitation of minors;
  • Infringes on intellectual property rights;
  • Has been determined by appropriate legal process to be defamatory or libelous;
  • Engages in the unlawful distribution of controlled substances;
  • Facilitates human trafficking or prostitution in violation of the law;
  • Contains, installs, or disseminates any active malware, or uses our platform for exploit delivery (such as part of a command and control system);
  • Is otherwise illegal, harmful, or violates the rights of others, including content that discloses sensitive personal information, incites or exploits violence against people or animals, or seeks to defraud the public.

7. Misuse, Abuse, and Misrepresentation

Any access or use of the Services other than pursuant to these Terms of Services and any instructions we provide is strictly prohibited. In particular, you WILL NOT:

register for more than one account with us without written authorization;

perform any task with the use of Internet bots, web robots, bots, scripts, or any other form of artificial intelligence or otherwise attempt to obtain rewards from IMI or any Requester or Integrator without completing tasks as they are described;

provide any false information while using this website (including without limitation impersonating any other person or organization in your account, or falsely stating or otherwise misrepresenting yourself or your affiliation with any other person or organization in your account;

access or attempt to access our website through any proxy web server or other device designed to obfuscate your true location or identity or by any means other than the interface provided;

use the website for any illegal activity, or for any purpose other than the purpose for which it was made available;
engage in activity that interferes with or disrupts the functioning of the site;

insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code;

Upload any content subject to copyright that is not your original work, unless you have permission from the rightful owner to post such content and to grant IMI all of the licensed rights granted herein;

engage in spamming or post any kind of publicity, attempt to get referrals, mass communication, money offers or requests, solicitation of services, advertising, marketing, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs unless required by the task;

insert external links that offer goods or services unless required by the task;

otherwise engage in any malicious or fraudulent activity.

8. Verifying your Identity

IMI may verify your identity. This may include comparing your personal information against third party databases or official legal documents. You authorize us to make any inquiries necessary to confirm your identity, your ownership of your email address, and your ownership of your financial accounts. You agree to provide information about you to assist us in verifying your identity.

9. Compliance with the Law

You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of the Services. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights, including without limitation contractual, intellectual property, or privacy rights.
‍

10. Contributor or Integrator Taxes

If you are a Contributor or Integrator, you alone are responsible for payment of any estimated or other federal, state, or local income taxes, social security, FICA, and workers' compensation owed as a result of use of our website, as well as similar taxes or charges in non-U.S. jurisdictions. You agree to indemnify and hold us harmless for any assessments against us because you failed to comply with any tax laws.

11. Violation of These Terms of Service

We may suspend, limit, or cancel your access to the Services at any time for any reason, including because: (a) we believe you have violated these Terms of Service (including 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 foregoing applies to such payment.

If we suspend or terminate your account, you will no longer have access to any parts of the website, including data, messages, files, and other material you keep on the site. You may NOT continue to use our website 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.

12. Contributor's Role and Relationship with IMI and Other Requesters

If you are a Contributor, you and only you decide which and how many tasks to complete, and when and where you complete them. You are free to spend as much or as little time completing tasks as you choose. At no time are you under any obligation to complete a task.

If you are a Contributor who accesses the Services and/or performs tasks through or in connection with an Integrator on behalf of a Requester that is not IMI, then you agree and acknowledge that Intuition Machines is not liable for and has no obligation to you with respect to any rewards or other compensation for completed tasks. You agree and acknowledge that any rewards or other compensation for completed tasks is determined solely in accordance with your agreement with the Requester and/or the Integrator, as applicable. Any disputes over such rewards or other compensation (including without limitation failure to receive such rewards or other compensation) are solely between you and the Requester and/or the Integrator, as applicable.

Neither your use of our website nor anything in this agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Intuition Machines. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers' compensation, or insurance coverage. We are not responsible for any expenses you incur in using our website. We will not withhold any amount from your reward for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, written or oral, on behalf of Intuition Machines.

Notwithstanding the foregoing, if you are a U.S. taxpayer we may request from you a W-9, to be updated annually, and we may bar you from performing tasks until you have completed or updated a W-9.

If you are a Contributor who accesses the Services and/or performs tasks through or in connection with an Integrator on behalf of Intuition Machines (acting as a Requester), Intuition Machines may reward you for acceptable completion of certain tasks. In the event you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any and all rewards to you may be withheld and/or recovered by Intuition Machines.

13. Unacceptable Completion of Tasks

If, for any reason, the Requester does not accept performance of a task you completed, you as a Contributor or Integrator will not be entitled to any reward for the task. In the event that rewards were already dispersed to you for an unacceptably completed task, we may recover them from you.

14. Contributor Qualifications and Skills

By performing tasks, you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate on the basis of national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Contributor to achieve access to tasks as your qualifications and skills accumulate. As a Contributor, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or via a ticket in our support system, for example via email at [email protected] via email, or serve the Demand on IMI's registered agent for service of process, c/o Intuition Machines, Inc. Additionally, a party initiating arbitration against IMI must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to [email protected], you should go to our website at hcaptcha.com or hcaptchastatus.com.

‍Our Business Continuity Plan – We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers and their end users to transact online. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.  Our business continuity plan addresses: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and oversight bodies; alternate physical location of employees; critical supplier and customer impact; regulatory reporting; and giving our customers prompt notice if we are unable to continue our business. Our core supplier pool backs up our important records in a geographically separate area. While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, we have been advised by this supplier pool that their objective is to restore their own operations and be able to resume services rapidly. Although we have worked to reduce risk by using a diverse set of suppliers, your services could be modified or interrupted during this period.‍

Varying Disruptions – Significant business disruptions can vary in their scope, such as only our firm, a single building housing our firm, the neighborhood where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to our firm, our business district, city, or region or a building housing our firm, we will transfer our operations to a local site when needed and expect no material disruption to business operations. In either situation, we plan to continue in business, transfer operations to alternative suppliers if necessary, and notify you through our website at hcaptcha.com and our status page at hcaptchastatus.com as to how to contact us. If the significant business disruption is so severe that it prevents us from remaining in business, we will notify you expeditiously.

‍For more information – If you have questions about our business continuity planning, you can contact us at [email protected] via email, providing your name, the telephone number(s) associated with your IMI account (if any), the email address(es) associated with your IMI account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 25(c). A party initiating an arbitration against IMI must send the written demand for arbitration to Intuition Machines, Inc., [email protected] if you have any questions regarding these Terms of Service.

Business Continuity Planning Statement

Intuition Machines, Inc has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our hCaptcha business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

‍Contacting Us – If after a significant business disruption you cannot contact us as you usually do at [email protected].

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