Terms and Conditions for JobProviders

Terms and Conditions

 

1 General


Welcome to Swarms! The Swarms Technologies GmbH (short: Swarms) offers a platform for mediating crowdworking and crowdsourcing. This marketplace brings together providers and demanders of microjobs. The target groups are companies, researchers and organisations as job providers on the one hand and consumers as workers seeking a location and time independent source of income on the other hand. On the online marketplace job providers place microjob offers which workers can accept and do on their smartphone. With the successful completion of a job the worker receives the compensation offered by the job provider.

 

The service of Swarms is limited to the provision of the marketplace and the technical architecture organising the matching and interaction between job providers and workers. The execution of a job is subject to a contractual relationship between job providers and workers. Rights and obligations emerging from the job specifics apply only between these two parties.

 

2 Definitions

 

  1. a) User
    Users are job providers and workers.

 

  1. b) Job provider
    A job provider is a professional entity who uses the Swarms platform to create and publish jobs related to the generation and labelling of data.

 

  1. c) Worker
    A worker is a consumer or professional entity who generates or labels data in exchange for a compensation.

 

  1. d) Job

The interaction between job providers and workers is exercised in the form of jobs created and offered by job providers and accepted and completed by workers. A job is a piece of planned work that is finished over a period of time and intended to generate or label data.

 

  1. d) Data
    Data handled in a job includes images, videos, texts, audio and similar media content. Data can be provided for labelling by the job provider and being generated during a job by the worker.

 

  1. e) Labelling
    The labelling of data means the interpretation and marking of data with interactive features in the Swarms App. Swarms forwards the resulting data labels to the job provider.

 

  1. f) Generation
    The generation of data means the utilization of the workers intellectual capabilities to generate data with the smartphone. Therefore workers use the built-in sensors (e.g. camera, microphone) and actuators (e.g. touchscreen) to capture data from their environment. Swarms forwards the resulting data to the job provider.

 

3 Scope

 

These terms and conditions apply for any contracts among platform users and with Swarms. By using the Swarms platform users explicitly accept these terms and conditions.

 

4 Platform Usage


  1. a) Registration

 

Using the Swarms platform requires a registration.

 

In the registration process the user needs to decide on whether he wants to create a job provider or worker account.

 

Registration as a job provider is conducted through a registration form provided on the website www.swarms.com. After successful submission of the registration form the user receives a confirmation  email. The registration process is completed once the user successfully confirmed their email address and Swarms activated the job provider account after reviewing the registration information.

 

Registration as a worker is conducted through the Swarms mobile application (iOS or Android). The user can use a social login provided by third-parties or register with his email and a password. The right to use services from third-parties is not object of the contract with Swarms.

 

  1. b) Contract Formation with Swarms

    The successful registration and subsequent usage of the Swarms platform constitutes a contract between the user and Swarms. This contract applies solely in the scope of general platform usage. The execution of specific jobs is not within the scope of this contract.

 

The service provided by Swarms is limited to the provision of a platform that serves as a marketplace for crowd working. Swarms reserves the right to change the functionality and design of the platform or to discontinue its availability at short notice. The user has no claim to an unchanged and long-term operation of the platform.

 

  1. c) Contract Formation among Users

    A job provider and a worker enter a contract once the worker accepts a job offered by the job provider with a tap on the “START JOB” button. The acceptance of the job offer by worker is logged and accessible for both parties in their user accounts.

 

By accepting a job offer the worker obligates himself to execute the job as instructed by the job provider within the provided period of time.

 

The worker receives the right to claim the compensation for a job after it has been successfully submitted and reviewed by the job provider. Swarms will credit the compensation to the worker after the job results have been approved by the job provider.

 

  1. d) Authorised User

    Only entrepreneurs within the meaning of Section 14 GERMAN CIVIL CODE can be job providers on the Swarms platform. Only consumers according to Section 13 GERMAN CIVIL CODE and entrepreneurs according of Section 14 GERMAN CIVIL CODE can be workers on the Swarms platform. Only persons not less than 18 years of age are allowed to register and become a user.

 

With the registration the user assures to meet every criteria of an authorised user for the desired role (job provider or worker). The user also assures that the personal information provided during registration and continuous platform usage is complete and truthful.

 

  1. e) Right of Revocation

    Consumers according to Section 13 GERMAN CIVIL CODE have the following right of Revocation:

 

  1. aa) You have the right to revoke this contract within 14 days without giving any reason. The deadline commences after receiving this instruction in text form, but not before contract formation and not before fulfilling our information obligation according to Article 246 Section 2 INTRODUCTORY ACT TO THE CIVIL CODE in association to No. 4 of these terms and conditions, as well as our obligations according to Section 312e Paragraph 1 Sentence 1 GERMAN CIVIL CODE in association with Article 246 Section 3 INTRODUCTORY ACT TO THE CIVIL CODE. You revoke this contract by sending us your declaration either via mail (Swarms Technologies GmbH, Ritterstr. 8, 33602 Bielefeld, Germany), via email (info@swarms.com), via phone (+49 172 4229929) or with the optional revocation form. You keep your revocation deadline if you submit your declaration within 14 days.

 

  1. bb) Consequences of Revocation

 

After the revocation of this contract, Swarms will refund you the balance remaining in your account within 14 days after receiving your declaration of revocation. Your balance will be refunded using the preferred payment method in your account. This refunding process does not apply if we agreed with you on a different process. The refunding process is free of charge.

 

  1. cc) Expiry of Revocation

 

The consumer hereby expressly agrees that her/his right of revocation expires with with actual platform usage.

 

  1. f) By providing us with your personal data, you are communicating your consent to our collection, use and disclosure of such information for the purposes of carrying out our obligations from this agreement. Personal data means information about individual entities which allow conclusions on their personal, economic and actual circumstances. Data collection and usage is automated by the Swarms Technologies GmbH. The user authorises Swarms to use the personal data for platform operations and to make this data accessible for other users whom the user interacted with on the platform.

 

5 Account

 

Using the Swarms platform requires a user account. Every user cannot register for more than one account. Every account is bound to a user and cannot transferred to third-parties.

 

During the registration process, the user specifies a username and a password for the login to his user account. In the case of a third-party social login (e.g. Facebook, Google if available) the user utilizes the registration information of the third-party.

 

The user alone is responsible for the protection of the username and password from unauthorised third-party access. The job provider confirms his awareness of potentially higher risk of economic damage if third-parties access his user account without authorisation and publish paid jobs from the job provider’s prepaid balance.

 

Swarms is authorised to freeze an user account in case of a suspicion of misuse. Hereby, the user will not be able to access his account. A refund of balance from a frozen account is only possible after the account has been unfrozen by Swarms.

 

The user can close his account at any time. Closing an user account leads to a permanent loss of all data saved in this account.

 

The user alone is responsible for an appropriate backup of the account data.

 

6 Job Creation

 

The job provider alone is responsible for the creation of jobs. Generally, the job provider has the freedom to design a job according to his needs. The created jobs need to comply with German law and these terms and conditions. The job provider expressly assures not to violate third-party rights (e.g. brand and intellectual property rights) when designing a job, including job descriptions, job content and the nature of the job. The job provider also expressly assures not to publish any form of content on the Swarms platform that represents a glorification of violence, defamation, violation of personal rights or any other right of the legal system.

 

The job design and description need to be clear, free from contradictions and unambiguous. The job provider needs to specify a detailed job description and a job summary including the following information:

  • Job title indicating the topic of the job
  • Estimated time to complete the job
  • Maximum time to complete the job
  • Compensation in US-Dollar
  • Review time

 

For the sake of a correct publication and display of jobs on the platform, Swarms is authorised to change job descriptions from a technical perspective without changing its content.

 

Swarms will not inspect jobs with regard to their legitimacy, completeness, integrity or clarity.

 

The job provider expressly grants Swarms a non-exclusive, fully compensated and free of charges, transferable, sub-licensable, worldwide licence to use the data that is subject of a job for platform operations and future improvements of platform services.

 

When creating a job, the job provider can exclude the granting of a licence to Swarms for future improvements of platform services.

 

The job provider is only allowed to publish serious job offers. Sham job offers or job offers whose completion is not desired are not allowed to be published on the platform.

 

The job provider has the right to specify her/his own terms and conditions for a job which apply between the job provider and workers accepting the job offer.

 

The job provider can specify a maximum time for workers to complete a job. The maximum time for job completion needs to be appropriate for the job and give the worker a fair chance to complete the job in time. With the expiration of the maximum time for job completion job providers and workers are exempted from their mutual duty to perform.

 

7 Job Completion

 

The worker is free to choose how he completes a job. Swarms has no power to direct the worker with the job completion. The worker is free to choose the jobs, the workplace and the time for job completion.

 

The worker commits himself to obey the German law and these terms and conditions. When completing a job the worker is responsible for himself. If the worker has doubts whether his actions may infringe third-party rights then he should consult legal advice beforehand.

Every job is provided with a limited period of time for its completion. The job will be cancelled after the time period for completion expires. In such case the worker cannot claim the job payment. Any data and labels created by the worker until job cancellation is invalid and will not be counted for any compensation.

Using the marketplace and completing jobs requires mobile data volume. If the worker has no data flat rate, additional charges may apply.

With completion of a job, the worker grants the job provider a non-exclusive, fully compensated by the job compensation and free of charges, transferable, sub-licensable, worldwide licence for the data and labels created during the job.

 

For the sake of platform operations and future improvements of platform features, the worker also grants Swarms a non-exclusive, fully compensated by the job compensation and free of charges, transferable, sub-licensable, worldwide licence for the data and labels created during the job. The worker assures that he is the owner of the data and labels and authorised to grant Swarms this licence.

 

The worker assures to complete jobs by himself and not to use methods for automation that intend to complete a job on his behalf.

Swarms is not obliged to check the creation and completion of jobs or to ensure that the resulting data and labels matches the job instructions and requirements.

 

8 Complaints

 

The job provider has no right to reject results if the worker completed a job as instructed. In such case the job provider owes the worker the compensation offered for completing the job.

 

The job provider can assign a review time to each job to check the correctness of job results. The review time can be up to 14 days and needs to be assigned with job creation. The review time starts in the moment the results are available to the job provider.

In case the job results do not correspond with the job instructions and requirements the job provider has the right to reject the job results twice each time giving the worker a chance to redo a job without additional compensation (soft reject). With the rejection of job results the job provider needs to provide a written feedback to the worker for improving the job results. Should the worker fail to submit correct results after two soft rejects, the job provider gets the right to finally reject the job results (hard reject). In such case the worker cannot claim the job compensation.

 

9 Blocking of  Job Offerings

Swarms has the right to delete job offerings at any time and without prior notification and giving further reason. However, Swarms does not have the obligation to delete job offerings.

 

Furthermore, Swarms has the right to block users accounts permanently if misuse is suspected. In the case of an account being blocked, the user should receive the opportunity to provide a written statement. In a case of a serious contract breach, Swarms is entitled to delete a user account. When an account is deleted, the user can claim the remaining balance for a payout but cannot claim any form of compensation for damages.

 

Swarms will notify a user in the case of inactive accounts which show no user activity for more that 12 months. Accounts which show no user activity for more than 24 months will be automatically blocked and deleted. Swarms will try to refund the remaining account balance to the user if possible.

 

10 Compensation & Commission

 

The worker can claim the compensation for a completed job when the job results have been approved by the job provider or when the review time for job results expires.

 

The worker alone is responsible for any taxation obligations. Swarms is responsible for paying value added taxes if such apply.

 

The minimum job compensation to workers is 0.01 USD.

 

Every time a worker receives the right to claim a job compensation, Swarms, in addition, is entitled to claim a commission of 20% of the job compensation from the job provider.

 

The minimum commission to Swarms is 0.01 USD.

The job provider has the option to revoke the provision of any licence to Swarms for using the job data for future platform improvements when publishing a campaign on the job market. By doing the commission rate will be increase to 30% of the job compensation.

 

All prices include value added taxes in the moment of service provision.

11 Account Balance


All compensation payments from job providers to workers and commission payments from job providers to Swarms are handled by transaction accounts on the Swarms platform. The balance in a transaction account is reported in USD and does not bear interest. A transaction account is neither a bank account nor any other medium for payment.

 

The balance in a job provider account serves as prepaid balance with which the job provider can acquire the services of workers. Prior to publishing jobs on the market, the job provider needs to purchase prepaid balance. The job provider can only publish a job on the job market if the compensation and commission payments resulting from job completion are covered by the prepaid balance of the job provider. Publishing jobs without sufficient prepaid balance to cover the resulting compensation and commission payments is not possible. In the case of a shortfall of prepaid balance, the job provider needs to purchase sufficient prepaid balance prior to publishing jobs. The job provider can purchase prepaid balance through third-party payment service providers. Legal relationships between the job provider and third-party payment service providers are not subject of this agreement. The job provider cannot claim to purchase prepaid balance through a specific payment service provider of his choice.

 

After successful job completion and approval of job results by the job provider, the worker receives the job compensation in his transaction account. The worker can request a payout of his account balance once he reaches a balance of 10 USD or more. The payout can be executed in any currency. With every payout a payment processing fee of 0.50 USD will be deducted from the balance. The requested payout will be converted into the preferred payout currency according to the exchange rate on this day.

The job provider receives an invoice via email when completing a prepaid-balance purchase. If applicable, the invoice accounts for value added taxes. The worker receives a credit note statement via email when completing a balance payout request.

 

Swarms is entitled to cancel or reverse payments in the case of suspected misuse of the platform or in the case of serious violations of this agreement. Swarms is not obligated to check and verify payments and job completions.

Swarms will refund the account balance to the user in the case of account deletion. A transaction fee of 0.50 USD will be deducted from the account balance at the time of account deletion and the remaining balance paid out to the user. Swarms will use refund the remaining balance using the payment method the user has chosen for his last transaction. Should the payment information provided by the user be missing, incomplete or faulty, Swarms will request the information in case the user provided contact information. The user loses the right to claim the remaining balance if he does not provide accurate and complete payment information within one year after the account deletion.

 

12 User Rating


Swarms provides users with the means to rate other users they interact with. Users commit to rate other users as objective as possible, truthfully and in a non-deprecating way. Users are not obliged to rate other users.

 

Swarms is not responsible to check the accuracy of user ratings. However, Swarms has the right to delete user ratings at any time and without giving any reasons.


13 Liability & Third-Party Rights


The user acknowledges that Swarms cannot ensure a continuous availability of the platform. The platform may be temporarily unavailable due to maintenance, capacity restrictions or events that are outside the sphere of influence of Swarms. The user cannot claim to use the Swarms platform at any time.

 

When material contractual obligations (cardinal obligation) are violated, Swarms is only liable in the case of slight negligence. The liability of Swarms is limited to foreseeable and typical damage for the contract. Beyond this, the liability of Swarms is limited to damage from loss of life, bodily injury or damage to the health of a person caused by intent and gross negligence regardless of the legal grounds on which they are based. The liability of Swarms from assumed guarantees and the product liability act remains unaffected thereby.


Any other liability of Swarms is precluded.

 

The abovementioned liability of Swarms also applies for violations of duties by vicarious agent of Swarms.
The user commits himself to notify Swarms immediately once he becomes aware of enforcements of third-party rights which are associated with the Swarms platform.

Furthermore, the user shall indemnify Swarms against initial third party claims that are related with using the Swarms Platform.

 

This concerns especially claims from copyrights, trademark rights, personality rights, data privacy rights and competition law.


14 Schlussbestimmungen


The laws of the Federal Republic of Germany shall apply with the exception of the UN Law on International Sales (CISG).

 

All time information, time spans and deadlines apply in Central European Time (CET).

Swarms is entitled to change, extend or replace the terms and conditions at any time and without giving reasons. Swarms will notify the user in such cases in advance via email. The amended terms and conditions are deemed accepted unless the user objects in writing (by mail or email) within three weeks after receipt of the relevant notification.

 

Modifications and amendments to these terms and conditions as well as collateral agreements must be made in writing and explicitly confirmed by Swarms.

Provided that the customer is a registered trader, the place of jurisdiction shall be the courts in Bielefeld for litigation related with the Swarms platform.

 

Should any provision of these terms and conditions be or become invalid or illegal or include a gap, then the remaining provisions shall retain their validity.



These terms and conditions shall be effective from February 2018.

These terms and conditions are an English translation from a German version. In the case of linguistic inaccuracy, the German version of our terms and conditions applies.