Terms and Conditions – USA

Last Updated: January 1st, 2020

These terms and conditions (“Terms”) govern your access to and use of any material, content or services provided through the Robson mobile application (the “Application”) owned by Summa Linguae Technologies Canada, Inc. (“Summa Linguae”, “us”, “we”, “our”).

Please review these Terms carefully. By downloading or otherwise accessing the Application, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST STOP ACCESSING THE APPLICATION.

1. Application

1.1 Overview

The purpose of our Application is to collect and annotate data for machine learning and AI training. Users may have the opportunity to participate in specific data collection Tasks that we offer through our Application (each, a “Task”). Such Tasks may require users to submit, annotate or rate data, including but not limited to voice recordings, images or text while completing specified tasks, and each Task may have additional terms that a user must review and agree to in order to participate in that specific Task.

1.2 Use

You may only use the Application for personal and non-commercial purposes in compliance with these Terms and all applicable laws. We, or our licensors as applicable, are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Application. Except as set forth herein, you agree not to copy, reproduce, transmit, distribute, transfer, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.

2. Users

2.1 User Accounts

In order to use the Application, you must create an account identifying you as a user (an “Account”). In connection with your registration for an Account, we may collect personal information from you such as your name, age, gender, contact information, language information, and payment information. Any personal information we collect will also be subject to the terms of our Privacy Policy located at https://robson.ai/privacy-policy/usa/, as may be updated from time to time (the “Privacy Policy”), which is incorporated into these Terms by reference.

In connection with your Account, you are solely responsible for:

1. your Account and the maintenance, confidentiality and security of your Account and all passwords you have created in relation to your Account,
2. any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission.

Summa Linguae is not liable for loss of earnings due to loss of password or email address unless such loss results from Summa Linguae’s intentional acts or acts of gross negligence.

I agree to immediately notify Summa Linguae of (a) any unauthorized use of my Account, any service provided through my Account or any password related to my Account, or (b) any other breach of security with respect to my Account or any service provided through it, and (c) I agree to provide assistance to Summa Linguae, as requested, to stop or remedy any breach of security related to my Account.

2.2 User Representations and Warranties

You represent, warrant and agree to the following:

• I am either:
  • a minor in my state, region or province, in which case I have received permission from my parent or legal guardian to use the Application, or
  • I am an adult in my state, region or province,
• I am a native speaker of the language declared in my Account application form,
• the user information I have provided is true, complete, correct and up-to-date, and I will promptly notify Summa Linguae of any changes,
• all information entered in my account is true, complete, correct and up-to-date, and
• I will not create more than one Account under my name, personal details and email address/contact telephone number.

2.3 User Content

Users may use our Application to upload text, images, voice recordings, and other media in connection with a Task (collectively, “User Content”).

You hereby:

• irrevocably consent to and authorize the use, reproduction, publication and resale by Summa Linguae and its clients of all User Content,
• acknowledge that all of your User Content shall constitute the sole property of Summa Linguae and its clients and may be used in any way by Summa Linguae,
• release Summa Linguae and its clients from any and all claims and demands in connection with the use of your User Content, and
• waive any and all morals rights that you have in your User Content.

2.4 Prohibited Content

You understand and agree that you may not upload or provide any User Content that: (a) is pornographic, discriminatory on the basis of race, religion, ethnicity, sexual orientation, or otherwise, politically-motivated, scandalous, controversial, inflammatory, obscene, indecent, defamatory, violates the rights of third parties, promotes or encourages the violation of any law, or promotes or encourages violence, or (b) contains any virus, trojan horse, worm or other malicious software or code.

2.5 Account Deletion

Users may request Account deletion or unsubscribe from the Application at any point by contacting Summa Linguae at datateam@Summa Linguae.ca. Please note that uninstalling the Application will not delete an account. You confirm that upon account deletion, all your account history will be lost.

Summa Linguae reserves the right to delete the Account of any user that does not comply with these Terms.

3. Rewards and Compensation

By participating in a Task, you may be entitled to certain rewards and compensation, if specified by Summa Linguae for a particular Task. You understand that:

• rewards and compensations are made on per Task basis,
• different Tasks have different rewards and compensation (if at all),
• you are only entitled to receive a reward or compensation on a Task, if you have completed all Task requirements, and you have met Summa Linguae’s quality assurance requirements, and
• your participation and any associated rewards and compensation may be denied if Summa Linguae’s quality reviewers decide that the details you declared in your application do not match the Task requirements and/or if the User Content you submit does not meet the Task requirements.

4. Relationship

Your relationship with Summa Linguae, including your use of the Application, performance of tasks, and any entitlement or receipt to rewards or compensation is that of an independent contractor, and nothing therein or herein will be interpreted to imply any manner of employment, joint venture, partnership, agency or other relationship other than that of independent contractors.

5. Termination

Summa Linguae reserves the right to terminate your Account and limit your access to the Application at any time if you do not comply with these Terms. Summa Linguae shall not be liable as a result thereof and that the exercise of such right shall not result in any compensation being payable to you or other person.

6. Confidentiality

“Confidential Information” means any and all non-public information, including, without limitation, technical, developmental, marketing, sales, operating, performance, cost, know-how, business plans, business methods, and process information, disclosed to me by Summa Linguae, whether through the website, application, or otherwise.

Confidential Information may be shared with you, and you agree to keep Summa Linguae’s Confidential Information confidential and to protect the confidentiality of such Confidential Information with the same degree of care with which you protect the confidentiality of your own confidential information, but in no event with less than a reasonable degree of care.

7. Disclaimers and Limitation of Liability

7.1 As-Is

While we strive to keep our Application and any content therein up-to-date and correct, the Application is provided as-is, and Summa Linguae expressly disclaims all warranties of any kind, expressed or implied, arising by law or otherwise, about the completeness, accuracy, reliability, suitability or availability of the Application and any content therein. Any reliance you place on our Application and any content therein is therefore strictly at your own risk.

7.2 Availability

Summa Linguae does not guarantee that the Application is compatible with any user’s computer or mobile device, or network through which the Application is accessed. We make every effort to keep the Application up and running smoothly. However, we take no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues.

7.3 Security

While we use industry standard practices to maintain the security of our Application, users are responsible for ensuring that their own equipment has appropriate security and virus protection features.

7.4 Limitation of Liability

We do not accept any responsibility for any loss or damage whatsoever (including without limitation direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, or damages of any kind whatsoever), whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with a user’s use of the Application, even if such damage or loss was foreseeable to us, unless such loss results from our intentional acts or acts of gross negligence.

8. General Terms

These Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Nothing in these Terms is intended to constitute a fiduciary relationship, employment relationship or an agency, partnership or trust; and no party has authority to bind any other party.

Summa Linguae reserves the right to amend these Terms. Such amendments will take effect when posted on our Application, and you are solely responsible for regularly reviewing these Terms for any such amendments, however, we will use reasonable efforts to provide you with advance notice of any substantive change. Your continued use after the amendments take effect will constitute acceptance by you of such changes.

If any term or provision of these Terms are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

These Terms are binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs and assigns.

These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of British Columbia in connection with any matter or dispute arising out of or in connection with these Terms or the Application.

If you have any questions, you may contact us at help@robson.ai.