Index:

General Terms and Conditions for Users

General Terms and Conditions for Customers

General Terms and Conditions for Users

1       Scope

These General Terms and Conditions (GTCs) regulate the relationship between the users and the swintelligence Ltd. Liab. Co. company (hereinafter referred to as "swintelligence") regarding the use of the «crowderland» platform.

2       Contractual relationship

A contractual relationship between the user and swintelligence shall come into effect with the opening of a user account (framework contract). The registration, in itself, however, shall not imply any entitlement to participate in projects (contract in the sense of an assignment/service contract). Participation in projects is generally limited.

These GTCs form an integral part of all contracts and have to be accepted by the user for the registration process (in particular) to be completed. Any GTCs of the user shall have no binding effect whatsoever.

No element of the «crowderland»-Website or the marketing emails (e.g. newsletter) shall represent a binding offer to the user of the website or the reader of the marketing email or be interpreted as such. In the event that «crowderland» would like to invite a user for an offer or – in exceptional cases – make a binding offer via the website or by a marketing email, then this intention will be clearly and unmistakably communicated. If there is any doubt in this regard, the user must assume that «crowderland» has not intended to make a binding offer.

Merely visiting the «crowderland» platform without registering shall not constitute a contractual relationship with swintelligence. In this regard, please note our user information

3       Preconditions for registration

Registering as a User is reserved for natural persons. A user must be at least 18 years old to register. With the registration, the user automatically signs up for the marketing e-mail. These settings can be changed anytime under the profile information and users can unsubscribe from the marketing-e-mail or the newsletter at any time.

4       Obligations of the Users

Users must adhere to the applicable laws while using the crowderland Platform or any other services provided by swintelligence.

Users must ensure that the content they share on the crowderland Platform is not illegal, contrary to good morals or does not violate third-party rights.

4.1      User account

The following regulations must be observed with regard to using the user account:

  • Users must keep their passwords secret and carefully secure access to their user accounts.
  • Users are obligated to immediately inform crowderland if there is evidence that a user account has been abused by third parties.

Users are liable for all activities that are conducted through their user account. However, this does not apply if the User is not responsible for the misuse of their accounts in the event that there is no evidence of negligence on their part.

crowderland/swintelligence reserves the right to delete user accounts at its discretion at any time if the accounts were not registered and opened completely and correctly or if they contravene clause 4 or any other condition of these GTCs in any way.

4.2      Transferability of user accounts

User accounts are non-transferrable.

4.3      Encryption of passwords

crowderland encrypts user passwords, does not forward them to third parties and never asks Users for their password in an email or by telephone. crowderland/swintelligence itself is not privy to user passwords and has no access to them.

4.4      Other obligations oft he Users

Users who upload a photo are obligated to choose a photo that was taken within the last 5 years and in which they can be clearly and distinctly recognised. The photos may not contain discrimination or copyright violations of any kind.

5       Costs of the crowderland Platform

The usage of the crowderland Platform is free for its Users.

6       Premiums for the crowderland Platform User

6.1      Principle

Users shall participate on the crowderland Platform at their own cost and risk. Unless otherwise agreed, Users shall not be entitled to receive a reward or compensation from crowderland, from a Customer of crowderland/swintelligence (company advertising the project) or from other Users on the crowderland Platform for the work they have performed, for an order they have completed, or for a work they have produced.

6.2      Distribution of premiums

The following regulations shall apply to the distribution of premiums:

Participation on the crowderland Platform shall not constitute a valid basis for the derivation of any rights, regardless of whether premiums have been apportioned or not. There is no right of appeal.

6.3      Fees and declaration of premiums

Users shall be personally responsible for all public charges, which may result from earning a premium.

Users shall register as a self-employed person with secondary income with their compensation office as required by law. This income must be declared as self-employed income in the tax return.

6.4      Forfeiture

The premium shall be forfeited if it is not claimed from crowderland by the User within one year of its creation (forfeiture).

6.5      Users liable to value added tax (VAT)

Users who are subject to value added tax (VAT) must register with crowderland using the email address info@crowderland. The premium will then be distributed with the additional VAT and will therefore be understood to exclude VAT. Users shall charge VAT in accordance with the law.

7       Intellectual Property

crowderland/swintelligence is entitled to all of the rights to the content and information shared by Users on the crowderland Platform. Users herewith relinquish all of their rights (referred to in the following as 'IP Rights') to this content and information to crowderland/swintelligence. This relinquishment is not limited in any way in terms of time, space or content. The IP Rights contain in particular the right to change content and information at will and/or to integrate it into an overall structure or combine and utilize it in any other way with other contributions.

Users receive the non-exclusive license for the use of the IP Rights, insofar as crowderland/swintelligence has not posted a diverging provision on the crowderland Platform.

crowderland/swintelligence, respectively the company advertising the project, may decide at their own discretion if, when and how the IP Rights are used.

Users guarantee that no third-party rights will be violated by the use of the IP Rights by crowderland/swintelligence or a third party (in particular the company advertising the project).

8       Secrecy

Users are obligated to use all the data and information contained on the crowderland Platform for no other purposes than those indicated by the Platform. If it is clearly indicated that data should be treated with discretion, then that data is to be kept confidential.

9       Data protection

In fulfilment of their obligations resulting from the contractual relationship, the parties shall undertake to comply with the provisions set forth in the Federal Law against Unfair Competition and the Federal Law on Data Protection. Furthermore, in relation to the collection and processing of personal data, attention is hereby drawn to our data protection declaration to be found on the «crowderland» website.

9.1      Utilization of data

Users may not use addresses, contact data and e-mail addresses, which they received through using the crowderland Platform for any other purposes than those designated on the Platform. The selling of this data or using them for advertising purposes is prohibited in particular.

9.2      Non-publication or deletion of data

crowderland/swintelligence reserves the right to delay the publishing of data or to delete it on request by the Client. Users also have the facility to delete their data themselves. If the data is however linked to the data of other Users any deletion thereof must be applied for through crowderland. crowderland/swintelligence reserves the right to not delete data.

10   Amendment to the contractual relationship

Amendments to the provisions of the GTCs and to the services of crowderland may be made by crowderland/swintelligence at any time and at its free discretion. They will be announced to the User in good time before they come into effect.

The User has to accept these amendments within 5 days. If the User fails to do so, crowderland retains the right to arbitrarily terminate the Contract effect immediately.

11   Sanctions and Blocking

swintelligence can take the following measures if there is concrete evidence that a User is violating legal guidelines, the rights of third parties, these GTCs or the crowderland principles listed on the crowderland Platform, or if crowderland otherwise has a justified interest, particularly with regard to protecting Users and the crowderland community from fraudulent activities:

  • Deletion of entries or other content
  • Warning Users
  • Restricting/limiting the use of the crowderland Platform
  • Temporary blocking
  • Permanent blocking in the event that clause 9.2 below applies

In selecting a measure, crowderland takes the justified interests of the affected User and the crowderland community into consideration. Legal recourse against a measure is excluded. Even in the case of permanent blocking.

11.1   Exclusion from Use

swintelligence can permanently exclude a User from using the crowderland Platform (permanent blocking), if he/she

  • distributes the ideas of third parties as his/her own.
  • has entered false contact information, particularly a false or invalid e-mail address.
  • transfers his/her user account.
  • harms other crowderland members or crowderland/swintelligence itself, in particular through abusing crowderland services.
  • continually contravenes these GTCs or instructions from crowderland/swintelligence.
  • There is another valid cause.

11.2   Restoration

After a User has been permanently blocked, there is no claim to the restoration of the blocked user account or reimbursement of the paid fees. As soon as a User has been blocked, this User may not use the crowderland Platform anymore, even with other user accounts, or re-register.

12   Termination of the Contract

Users may terminate the contractual relationship at any time. For the termination of the contractual relationship, Users shall send a termination request to info@crowderland.com.

crowderland can terminate the contractual relationship at any time with a notice period of 14 days to the end of a month. The right to block an account remains unaffected by this.

13   Availability of the crowderland Platform

The User recognises that the 100% availability of the crowderland Platform cannot be realized for technical reasons. However, crowderland makes the effort to keep the crowderland website constantly available to as great an extent as possible. In particular, maintenance, security or capacity issues as well as events that do not lie in crowderland's sphere of influence (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided by crowderland. All warranty of crowderland/swintelligence in connection with the crowderland Platform shall be excluded accordingly.

Users acknowledge that they are personally responsible for archiving the content stored on the crowderland Platform and that content stored on the crowderland Platform may be removed by crowderland/swintelligence at crowderland's discretion without prior notice.

14   System integrity and malfunction on the crowderland Platform

The User acknowledges that the following rules apply for all Users of the crowderland Platform:

  • Users may not use software or other scripts or other scripts or carry out other actions capable of disrupting the crowderland websites when used in conjunction with the crowderland Platform.
  • Users may not carry out any actions, which may place an unreasonable or excessive load on crowderland's infrastructure.
  • Users may not block, overwrite or modify any content generated by crowderland or interfere destructively with the crowderland Platform in any other way.
  • Users are not permitted to publish any content violating third party rights on crowderland.

15   Liability and Compensation

Insofar as is legally possible, crowderland/swintelligence shall not be held liable for any claims connected or unconnected with these GTCs. In particular, crowderland assumes no liability for the non-availability of or interruption to the system and/or individual functions, for the publishing or deletion of data or for the actual identity of a User, and shall not accept any claims for damages.

Users release crowderland/swintelligence from all claims made by third parties (including other Users or Customers of crowderland/swintelligence) against crowderland/swintelligence in the event that in connection with this contractual relationship, the services performed by the Users were not carried out according to the Contract, or the Users contravened the conditions of these GTCs in another manner. Users are liable for all costs incurred by crowderland/swintelligence due to a User’s contravention of the conditions of this contractual relationship, including costs arising from legal defence. Any further rights as well as liability claims by crowderland/swintelligence shall remain unchanged.

16   Final provisions

Should a provision of these General Terms and Conditions be ineffective, the remaining provisions hereof shall not be affected. The invalid provision shall be replaced by a provision that comes as legally close to the economic meaning and purpose of the invalid provision as possible. The same holds true for any possible loopholes.

It is the intention of the parties to remain independent and these General Terms and Conditions shall not lead to an ordinary partnership or any other partnership between the companies.

The Contract shall be governed by Swiss law. Place of jurisdiction shall be crowderland/swintelligence headquarters exclusively.

swintelligence Ltd. Liab. Co., Regensberg, Switzerland, 24.04.2017

crowderland powered by swintelligence Ltd. Liab. Co

 

General Terms and Conditions for Customers

1       Scope

These  General Terms and Conditions (GTCs) regulate the relationship between enquirers after innovation performances (hereinafter referred to as "Customers" or "Companies") and the swintelligence GmbH company, based in Regensberg (hereinafter referred to as "swintelligence") with regard to the use of the «crowderland» platform.

2       Validity

Customers shall familiarise themselves with the services offered by crowderland/swintelligence and shall read these General Terms and Conditions before issuing an order. These General Terms and Conditions shall be deemed accepted when the Customer submits an order. The Contract between crowderland/swintelligence and the Customer shall commence at the time of delivery of the order confirmation and shall comprise these General Terms and Conditions and the order (hereinafter referred to as the 'Contract'). The resale of the services provided by crowderland/swintelligence is expressly permitted. However, the Contract shall always be between swintelligence and the Customer as reseller.

3       Offer

Customers can learn about the crowdsourcing services provided by swintelligence/crowderland on the crowderland Platform (www.crowderland.com) and on the swintelligence homepage, available at www.swintelligence.com. Details of the crowdsourcing services provided by crowderland/swintelligence, as well as prices and discounts shall be established in the relevant order or order confirmation by swintelligence as well as these General Terms and Conditions.

4       Customers’ obligations to cooperate

When Customers draw on the service provided by crowderland/swintelligence, they shall provide the internal company profile to crowderland/swintelligence and, if not otherwise agreed upon with crowderland/swintelligence, appoint an internal contact person. They undertake to deal with enquiries from the community and in the event of a reward distribution promptly.

Information about other obligations on the part of Customers to cooperate can be found on the crowderland Platform and shall form an integral component of these General Terms and Conditions.

5       Prices and terms and conditions of payment

The prices and premiums to be paid by Customers for the services provided by crowderland/swintelligence, including licence fees for the use of the crowderland Platform, crowderland/swintelligence software and support services shall when due be indicated in the order or in the order confirmation. Payments shall be due to swintelligence upon receipt of the order confirmation. The due date for recurring fees shall be indicated in the order or in the order confirmation.

Payment shall be made within 30 days. If the Platform is activated before this deadline, the period for payment shall last, contrary to the previous sentence, until the Platform is activated. If payment is not made within 5 days of receipt of a warning, swintelligence may terminate this Contract with the Customer and discontinue the respective project.

6       Intellectual Property

Customers acknowledge that, essentially, ideas alone cannot be protected under intellectual property law. Any rights that may arise to the content and information Users disclose via the crowderland Platform (hereinafter referred to as 'IP Rights') shall be vested in crowderland/swintelligence. However, crowderland/swintelligence herewith grants Users an irrevocable, non-exclusive, worldwide licence to use the IP Rights at their discretion, provided they have been created for the Customer. crowderland/swintelligence and the Customer can reach agreement on alternative.

Users guarantee crowderland/swintelligence that the assertion of IP Rights by crowderland/swintelligence or a third party will not violate the rights of third parties (hereinafter referred to as the 'IP Guarantee'). Should third parties assert claims against Customers in respect of IP Rights, crowderland/swintelligence shall assign the relevant claims against Users under the IP Guarantee to the Customers concerned. All further claims by Customers against crowderland/swintelligence from the violation of rights in connection with the Contract shall be excluded.

7       Secrecy

For purposes of these General Terms and Conditions, 'confidential information' shall mean information that the party disclosing the information surrenders or has already surrendered to the party receiving the information, regardless of whether this information is or has already been disclosed in writing, orally or by any other means.

Information shall not be regarded as confidential information if such information

(1) is already known at the time of its disclosure and was made known under circumstances that do not constitute a violation of these secrecy provisions or a secrecy agreement concluded with a third party;

(2) was already known to the recipient before it was transmitted by the party disclosing the information; or

(3) the recipient independently developed without using confidential information.

The recipient shall provide evidence in support of all the aforementioned exceptions in accordance with the preceding regulation.

With regard to confidential information, the recipient undertakes and commits its employees:

(1) to keep confidential information secret and not to pass it on to a third party without the prior written consent of the party disclosing the information; third parties in this sense shall include all parent companies, affiliated companies and subsidiaries;

(2) to oblige in writing third parties to whom confidential information has been surrendered to comply with all obligations of secrecy in accordance to these General Terms and Conditions;

(3) to use confidential information solely within the context of cooperation between the parties and under no circumstances for other purposes or in any form against the interests of the party disclosing the information;

(4) to use at least the same resources and the same degree of care as for its own confidential information and to instruct its employees to keep such information secret;

(5) to return physically available confidential information within ten days of receipt of a written request from the party disclosing the information without previously having made copies or the like thereof and to delete any electronic copies; whether and when the recipient receives such a request shall be at the sole discretion of the party disclosing the information.

Without prejudice to the foregoing provisions, crowderland/swintelligence may use confidential information within the scope of the contractually agreed upon project, unless otherwise agreed between the parties explicitly and in writing.

8       Data protection

The parties undertake to comply with the provisions of Swiss data protection law within the context of the Contract and in respect of the Users of the crowderland Platform.

8.1      Non-publication or deletion of data

crowderland/swintelligence reserves the right to delay the publishing of data or to delete it on request by the Client. Clients also have the facility to delete their data themselves.

9       Duration of the Contract

The Contract shall commence when the order is confirmed and shall last for the project duration detailed on the offer, as signed by the Customer.

The parties shall have the right to terminate the Contract without notice if the contracting party violates contractual provisions and does not comply within 10 days of receipt of a written request. Claims for damages shall remain reserved. crowderland/swintelligence shall have the right to suspend the provision of the service if Customers, despite having been reminded, fail to meet the obligations required for the performance of the Contract or fall into arrears with payments. Each party shall also have the right to terminate Contracts unilaterally, without notice and without compensation if the contracting party has been granted a stay of bankruptcy or if it has been declared bankrupt.

10   Availability of the crowderland Platform

Customers acknowledge that it is technically impossible to achieve a 100% availability of the crowderland Platform. crowderland/swintelligence shall nonetheless endeavour to keep the websites on the crowderland Platform available without interruption as far as possible. Events related to maintenance, security or capacity requirements, as well as events beyond crowderland/swintelligence's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided by crowderland. A liability of crowderland/swintelligence of the crowderland Platform in connection with the crowderland Platform shall be excluded accordingly.

Customers acknowledge that they are personally responsible for archiving the content stored on the crowderland Platform and that content stored on the crowderland Platform may be removed by crowderland/swintelligence at its discretion without notice.

11   System integrity and malfunction on the crowderland Platform

The Customer acknowledges that the following rules apply:

  • Users may not use software or other scripts or other scripts or carry out other actions capable of disrupting the crowderland websites when used in conjunction with the crowderland Platform.
  • Users may not carry out any actions, which may place an unreasonable or excessive load on crowderland's infrastructure.
  • Users may not block, overwrite or modify any content generated by crowderland/swintelligence or interfere destructively with the crowderland Platform in any other way.
  • Users are not permitted to publish any content violating third party rights on crowderland.

12   Liability and Compensation

Insofar as is legally possible, crowderland/swintelligence shall not be held liable for any claims connected or unconnected with these GTCs. In particular, crowderland/swintelligence shall not be held liable for the non-availability or malfunction of the system or of individual functions.

The Customer releases crowderland/swintelligence from all claims made by third parties (including other Users or Customers of crowderland/swintelligence) against crowderland/swintelligence in the event that in connection with this contractual relationship, the services performed by the Users were not carried out according to the Contract, or the Users contravened the conditions of these GTCs in another manner. The Customer liable for all costs incurred by crowderland/swintelligence due to the Customer's contravention of the conditions of this contractual relationship, including costs arising from legal defence. Any further rights as well as liability claims by crowderland/swintelligence shall remain unchanged.

13   Final provisions

Should a provision of these General Terms and Conditions be ineffective, the remaining provisions hereof shall not be affected. The ineffective provision shall be deemed replaced by a provision that in a legally valid manner comes closest to the sense and purpose of the ineffective provision. The same holds true for any possible loopholes.

These General Terms and Conditions are available on the crowderland website and linked in the confirmation of the order.

It is the intention of the parties to remain independent and these General Terms and Conditions shall not lead to an ordinary partnership or any other partnership between the companies.

The Contract shall be governed by Swiss law. The place of jurisdiction shall be exclusively at the location of the registered office of swintelligence.

swintelligence Ltd. Liab. Co., Regensberg, Switzerland, 24.04.2017

crowderland powered by swintelligence Ltd. Liab. Co