Last updated: 22 December, 2019
- the Sebenzai Acceptable Use Policy;
- the EU Data Processing Addendum (“DPA”); and
- any other policies, procedures, and other guidelines that Sebenzai posts on the Sebenzai Site or otherwise makes available to you.
By accessing (including by automated means) or registering for the Sebenzai Site, you accept these Terms and warrant and represent that you are at least 18 years old or the age of legal majority in your jurisdiction and you have authority to bind yourself to these Terms. Please read these Terms carefully.
- By signing up as a worker on the Sebenzai Site (“User”) to complete tasks for third-party Sebenzai clients (“Tasks”), you understand and agree that you are an independent contractor of Sebenzai and that you assume all liability for proper classification as an independent contractor or consultant based on applicable legal guidelines. Nothing contained in these Terms is intended to constitute or create a contract of employment with Sebenzai, nor will it constitute or create the right to use or continue to use the Sebenzai Site for any particular period of time. You will, at no time during your affiliation with Sebenzai, receive any benefits or other incidental perks of employment. Any payment made to you by Sebenzai is for Tasks completed by you or related thereto, and such payments do not constitute regular salary or compensation for any other purpose. You further agree that Sebenzai is not restricting in any way your right or ability to perform services for an employer, your own clients, or through any other crowdsourcing service or any other means. You will not represent yourself to clients or anyone else as an employee of Sebenzai. At all times, you agree and acknowledge that you are an independent contractor of Sebenzai and will always represent yourself as such.
Payment for Tasks.
- Following completion of the Tasks you have selected and verification that such Tasks have been adequately completed, Sebenzai will pay to you the amount specified in relation to such Tasks. Payment will either be in a bitcoin or mobile airtime (to a South Africa number), unless indicated otherwise. Subject to applicable law, Sebenzai reserves the right to delay or suspend payment during any investigation into your compliance with these Terms, including the Acceptable Use Policy, and a violation of these Terms, in Sebenzai’s sole determination, may result in non-payment to you of some or all amounts accrued as well as suspension or deactivation of your account. Any cross-border payments made to you in connection with your use of the Sebenzai Site must be made through a locally authorized financial institution or registered foreign exchange agency and may require you to provide Sebenzai or such entity with certain information, including account information for purposes of direct transfer and details regarding the transaction. It is your responsibility to ensure that you have an account acceptable to Sebenzai to receive payments the specified form payment or currency.
Taxes and Tax-Related Items.
- Sebenzai will not deduct from any payments to you any amount for income tax withholding, Social Security or other social contributions, other taxes, or any other amount except as provided by law. As a User, you will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to any work or payment received through the Sebenzai Site. As a condition of your use of the Sebenzai Site, you agree to undertake any registration as a self-employed worker, independent contractor, sole proprietor, or similar designation available with the tax authorities in your jurisdiction to ensure the proper payment of any applicable taxes or other amounts as required by law.
You are also responsible for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization.
The Sebenzai Site & Sebenzai Materials.
a. The Sebenzai Site Access Grant. Subject to the Terms, Sebenzai hereby grants you a non-exclusive, non-transferable, right to access and use the Sebenzai Site solely with supported browsers through the Internet for the purpose of performing Tasks as an independent contractor for Sebenzai. All rights not expressly granted to you are reserved by Sebenzai and its licensors.
b. Sebenzai Materials License. To the extent Sebenzai, its subsidiaries, affiliates, successors or assigns, supply any materials including any text, images, video, audio recordings, trainings, third-party User Content (as defined in Section 5(e) below), devices, records, data, notes, reports, proposals, lists, correspondence, specifications, other documents or property, or reproductions of any of the aforementioned items to you (collectively, “Sebenzai Materials”), Sebenzai grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Sebenzai Materials solely in connection with performing the Tasks.
c. Ownership. Except as provided in this Section 4, you obtain no rights under these Terms from Sebenzai or its licensors to the Sebenzai Site or Sebenzai Materials, including any related Intellectual Property Rights (defined below in Section 6 (Work Product)). You acknowledge and agree that, as between the parties, Sebenzai and its licensors own all right, title, and interest in and to the Sebenzai Site and Sebenzai Materials, including all Intellectual Property Rights therein. All trademarks, service marks, logos, trade names, and any other source identifiers of Sebenzai used on or in connection with the Sebenzai Systems (as defined in Section 5(e) below), Sebenzai Materials, or User Content are trademarks or registered trademarks of Sebenzai in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Sebenzai Systems, Sebenzai Materials, or User Content are used for identification purposes only and may be the property of their respective owners.
Your Use of the Sebenzai Site.
a. Performance of Tasks. You must comply with the Sebenzai Acceptable Use Policy at all times and you should review it carefully for detailed information on such topics as your account, security on the Sebenzai Site, and prohibited activities.
b. Accuracy. Sebenzai reserves the right to confirm the accuracy of the Tasks you complete or any other deliverables you provide via the Sebenzai Site and to deactivate your account due to repeated incorrect answers to Tasks, as well as cancel all payments to you. By signing up on the Sebenzai Site or otherwise accessing or using the Sebenzai Site, you agree that Sebenzai has the full authority to determine whether answers provided by you are answered correctly and sufficiently and you agree to abide by all decisions made by Sebenzai about your participation.
c. You Choose Your Work. You will be responsible for determining which Tasks you choose to participate in and when, where, and how you do so. Subject to any limits that may be imposed by Sebenzai, the frequency of your use of the Sebenzai Site and your method of completing specified client Tasks remain at all times at your discretion. You are not required to use the Sebenzai Site at any specified time or day.
d. Equipment & Expenses. You will be responsible for providing all necessary tools or equipment that you need to perform the Tasks. You are responsible for obtaining the data network access necessary to use the Sebenzai Site. Your mobile network’s data and messaging rates and fees may apply if you access or use the Sebenzai Site from your mobile device. Sebenzai does not guarantee that the Sebenzai Site, or any portion thereof, will function on any particular hardware or devices. In addition, the Sebenzai Site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Sebenzai will not reimburse you for any expenses incurred in performing your selected Tasks.
e. Sebenzai Systems. Sebenzai may permit you from time to time to submit, upload, publish or otherwise make available to Sebenzai and other users, through the Sebenzai Site or other platforms used by Users to communicate about the Sebenzai Site (collectively “Sebenzai Systems”), textual, audio, and/or visual content and information, including commentary, questions, and feedback related to the Sebenzai Site, support requests, and submission of entries for competitions and promotions (collectively, “User Content”). All User Content must conform to the Sebenzai Acceptable Use Policy. Sebenzai reserves the right to filter and block any User Content or activity in violation of the Acceptable Use Policy.
f. Third-Party Services. Sebenzai Systems may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Sebenzai is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sebenzai of such Third-Party Services.
- Work Product.
i . “Intellectual Property Rights” means all past, present, and future rights of the following types, which may exist or be created under the laws of any jurisdiction in the world: (1) rights associated with works of authorship, including exclusive exploitation rights, copyrights, attribution, paternity, integrity, modification, disclosure and withdrawal, mask work rights, and any other rights throughout the world that may be known or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, “Moral Rights”); (2) trademark and trade name rights and similar rights; (3) trade secret rights and contractual rights of nondisclosure; (4) patent and industrial property rights; (5) other proprietary rights of every kind and nature; and (6) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in clauses (1) through (5) of this sentence.
ii. “Work Product” means all deliverables to be provided hereunder, including but not limited to all (1) User Content, responses to client questions, completed Tasks, and any deliverables provided by you in connection with your use of Sebenzai Systems; (2) any discoveries, developments, concepts, designs, ideas, know how, improvements, inventions, trade secrets and/or original works of authorship, whether or not patentable, copyrightable or otherwise legally protectable; and (3) any new product, machine, method, procedure, process, technique, use, equipment, device, apparatus, system, design or configuration of any kind, or any improvement thereon.
b. Ownership and Assignment of Work Product. You acknowledge and agree that Sebenzai will own all right title and interest, including Intellectual Property Rights, in the Work Product. All Work Product that constitutes works of authorship will be considered “works made for hire” to the fullest extent allowed by applicable law. In the event that any Work Product, or portion thereof, is not construed to be a work made for hire, you hereby irrevocably and unconditionally assign to Sebenzai all right, title, and interest throughout the world in and to such Work Product or portion thereof and all Intellectual Property Rights thereto.
c. Waiver and License of Other Rights. If any Intellectual Property Rights, including Moral Rights, in the Work Product cannot (as a matter of law) be assigned by you to Sebenzai as provided in Section 5(b), then: (i) you unconditionally and irrevocably waive the enforcement of such rights and all claims and causes of action of any kind against Sebenzai with respect to such rights; and (ii) regardless of whether you are permitted (as a matter of law) to make such waiver, you unconditionally grant to Sebenzai an exclusive, perpetual, irrevocable, worldwide, fully-paid license, with the right to sublicense through multiple levels of sublicensees, under any and all such rights (1) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Work Product in any medium or format, whether now known or hereafter discovered; (2) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating, or derived from the Work Product; and (3) to exercise any and all other present or future rights in the Work Product.
d. Further Assurance. At Sebenzai’s request from time to time, you will: (i) cooperate with and assist Sebenzai or its designee, both during and after the term of these Terms, in perfecting, maintaining, protecting, and enforcing Sebenzai’s or its designee’s Intellectual Property Rights and other rights in the Work Product in any and all countries, and (ii) promptly execute and deliver to Sebenzai or its designee any documents deemed necessary or appropriate by Sebenzai or its designee in its discretion to perfect, maintain, protect, or enforce Sebenzai’s rights in the Work Product or otherwise carry out the purpose of these Terms. Without limiting the generality of the foregoing, if you have made an invention in the Work Product, you will execute applications, declarations and assignments as requested by Sebenzai or its designee for the purpose of applying for a patent on such invention in any countries of Sebenzai’s choice, including assignments of any continuation, continuation-in-part, divisional, reissue, re-exam, PCT or other applications based on such applications.
e. Power of Attorney. You hereby irrevocably designate and appoint Sebenzai and its duly authorized officers and agents as your agent and attorney-in-fact to act for and in your behalf and stead to execute and file any such instruments and papers and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters patent, copyright, mask work and other registrations related to such Work Product.
a. Confidentiality of Sebenzai Materials. You understand that Sebenzai Materials, User Content, and the Work Product (collectively, “Confidential Information”) include information and physical material not generally known or available outside of Sebenzai and information and physical material entrusted to Sebenzai in confidence by third parties. You agree to (i) hold Confidential Information in the strictest confidence; (ii) not to use Confidential Information, except for the benefit of Sebenzai to the extent necessary to perform Tasks; and (iii) not to disclose to any person, firm, corporation or other entity, without written authorization from Sebenzai in each instance, any Confidential Information that you obtain, access or create via Sebenzai Systems. You further agree not to make copies of Confidential Information except as authorized by Sebenzai. Your agreement to this Section 7 is intended to be for the benefit of Sebenzai and any third party that has entrusted information or physical material to Sebenzai in confidence. These Terms are intended to supplement, and not to supersede, any rights Sebenzai may have in law or equity with respect to the protection of trade secrets or confidential or proprietary information.
b. U.S. Defend Trade Secrets Act. Notwithstanding the foregoing, the U.S. Defend Trade Secrets Act of 2016 (“DTSA”) provides that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (iii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
- Compliance. Sebenzai Systems may be used only for lawful purposes and in a lawful manner consistent with the Sebenzai Acceptable Use Policy. In connection with your use of Sebenzai Systems, you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you. You represent and warrant that (a) neither you nor your financial institution(s) are subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals List and Foreign Sanctions Evaders List, and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (b) you are not located in and do not perform any Tasks in in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country. You may not export, re-export, or transmit any Sebenzai Materials to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, U.S. Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.
a. User Warranty. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content you submit; and (ii) neither your User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Sebenzai’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
b. Sebenzai Warranty Disclaimer. THE SEBENZAI SYSTEMS AND SEBENZAI MATERIALS ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SEBENZAI SYSTEMS AND SEBENZAI MATERIALS ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEBENZAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SEBENZAI SYSTEMS OR SEBENZAI MATERIALS, AND DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SEBENZAI SYSTEMS OR SEBENZAI MATERIALS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; © ANY WARRANTY THAT THE INFORMATION, CONTENT, MATERIALS, OR SUBMISSIONS INCLUDED ON THE SEBENZAI SYSTEMS WILL BE AS REPRESENTED BY SEBENZAI’S CLIENTS OR OTHER USERS, OR (D) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
- Indemnification. You will indemnify, defend and hold harmless Sebenzai and its affiliates (and their respective officers, directors, employees, directors, agents and representatives) from and against any and all losses, costs, expenses, damages or other liabilities (including attorneys’ fees and related legal expenses) incurred by Sebenzai arising directly or indirectly from or related to any cause of action, claim, suit, proceeding, investigation, demand or action brought by a third party against Sebenzai in connection with or resulting from: (i) your use of Sebenzai Systems in violation of applicable law or these Terms; (ii) any payment obligation or any liability arising from the tax treatment (including income tax withholdings, social contributions, or any other required deductions or associated penalties and interest) of payments or any portion thereof, incurred through or paid to you from your use of the Sebenzai Site; (ii) any grossly negligent or intentional wrongdoing by you in your use of Sebenzai Systems; (iii) any violation of a third party’s rights, including Intellectual Property Rights, resulting in whole or in part from your use of Sebenzai Systems and any other deliverable provided by you to Sebenzai; and (iv) a dispute between you and any other Sebenzai Systems User.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEBENZAI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THESE TERMS, THE SEBENZAI SYSTEMS, OR SEBENZAI MATERIALS, EVEN IF SEBENZAI HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEBENZAI’ AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS, THE SEBENZAI SYSTEMS, OR SEBENZAI MATERIALS EXCEED THE TOTAL AMOUNT OF FEES EARNED BY USER IN CONNECTION WITH SEBENZAI DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR ONE THOUSAND U.S. DOLLARS, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SEBENZAI’ LICENSORS AND SUPPLIER WILL HAVE NO LIABILITY OF ANY KIND UNDER THESE TERMS.
If you reside outside the U.S., these limitations may not apply to you because some jurisdictions do not allow limitations on implied warranties, liability for consequential or incidental damages, or other liability,
- Applicable Law; Disputes.
a. U.S. Residents/U.S Establishment or U.S. Claims.
i. Arbitration Applicability. If your country of residence or establishment is the U.S., the parties mutually agree that any dispute relating in any way to these Terms, the Sebenzai Systems, or Sebenzai Materials will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. If there is a dispute about whether this arbitration agreement can be enforced or applies, the parties agree that the arbitrator will decide that issue. The Federal Arbitration Act and federal arbitration law and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Sebenzai. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or enforcement of these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
ii. Process. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Sebenzai will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Sebenzai will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. You may choose to have the arbitration conducted by telephone, based on written submissions (for claims under $25,000), or in person in the county where you live or at another mutually agreed upon location. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
iii. Exceptions. Notwithstanding anything to the contrary in these Terms, either party may bring suit in court (1) to enjoin actual or threatened infringement or other misuse of Intellectual Property Rights; and (2) for claims seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, cyber-attack).
iv. Jury Trial Waiver. The parties waive the right to a trial by jury as to all arbitrable disputes.
v. Changes. Notwithstanding the provision of Section 15 (Modifications to the Terms), if Sebenzai changes this Section 12 (Applicable Law; Disputes) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending Sebenzai written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Sebenzai’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any dispute between you and Sebenzai (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any dispute between you and Sebenzai.
b. No Class Action or Representative Proceedings. The parties agree that, to the fullest extent permitted by law, any dispute resolution proceedings will be conducted only on an individual basis and not in class action lawsuit, class-wide arbitration, private attorney general action, or representative proceedings. Further, unless the parties otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 12(b) is held unenforceable with respect to any dispute, then then the entirety Section 12(a) will be deemed void with respect to such dispute and the dispute must proceed in court pursuant to Section 12©. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 12(b) is held unenforceable with respect to any dispute, those waivers may be severed from this Section 12 and you and Sebenzai agree that any private attorney general claims and representative claims in the dispute will be brought pursuant to Section 12© and severed and stayed, pending the resolution of any arbitrable claims in the dispute in individual arbitration.
c. Rest of the World. To the extent permitted by applicable law, any judicial proceedings relating to Sebenzai Systems or Sebenzai Materials (other than small claims actions) that are excluded from arbitration under Section 12(a) and 12(b) will be governed by the laws of the State of California without regard to its conflict of law provisions and subject to the exclusive venue and jurisdiction of the state or federal courts located in San Francisco County, California. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or enforcement of these Terms.
d. Severability. Except as provided in Section 12(b) (No Class Action or Representative Proceedings), in the event that any portion of this Section 12 is deemed illegal or unenforceable, such provision will be severed and the remainder of Section 12 will be given full force and effect.
e. Survival. Except as provided in Section 12(b) (No Class Action or Representative Proceedings) and subject to Section 14 (Termination; Access Restriction), this Section 12 will survive any termination of these Terms and will continue to apply even if you stop using Sebenzai Systems or deactivate your account.
- Text Messaging and Telephone Calls. You agree that Sebenzai may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Sebenzai account, including for marketing purposes. You also understand that you may opt out of receiving text messages from Sebenzai at any time, either by texting the word “STOP” or other instruction to the Sebenzai text you receive using the mobile device that is receiving the messages, or by contacting email@example.com.
- Termination; Access Restriction. These Terms are effective until terminated pursuant to this Section 14. You may deactivate your account and terminate these Terms at any time. Sebenzai may terminate these Terms, deactivate or suspend your account and access to the Sebenzai Systems, or remove any Task listings immediately without prior notice for any reason. Upon any account termination or suspension or the termination of these Terms, your right to use the Sebenzai Systems will cease, and you will not be able to retrieve any information related to your account; unless your account was deactivated or suspended for cause, Sebenzai will issue a final payment for Tasks already completed. If your account was deactivated or suspended for cause, remaining fees payable may be forfeited in Sebenzai’s sole discretion. Sections 3, 4©, 4(d), and 6-16 will survive any termination of these Terms.
- Modifications to the Terms. Sebenzai may modify these Terms in the future by posting the modified terms on the Sebenzai Site, with an updated “Last Updated” date. Sebenzai will also provide you with notice of modifications via email or through the logged-in Sebenzai Site. If you disagree with the revised Terms, you may terminate these Terms with immediate effect and deactivate your account. We will inform you about your right to terminate these Terms in the notification email. Continued use of the Sebenzai Systems will constitute your acceptance of the modified terms.
- General Provisions.
a. Entire Agreement. These Terms are the entire agreement between you and Sebenzai regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and Sebenzai, whether written or verbal, regarding the subject matter of these Terms. Sebenzai will not be bound by, and specifically objects to, any term, condition or other provision which is different from or in addition to the provisions of these Terms, including when submitted by you in any order, invoice, bill, receipt, acceptance, confirmation, correspondence or other document.
b. Assignment. You may not assign or transfer any rights, obligations or privileges that you have under these Terms without Sebenzai’s prior written consent. Sebenzai may assign these Terms, in whole or in part, at any time without notice. Subject to the foregoing, these Terms will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this Section will be deemed null and void. Your right to terminate these Terms at any time remains unaffected.
c. Severability; Interpreting the Terms. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The word “including” will be interpreted without limitation when used in these Terms.
d. No Waiver. The failure by Sebenzai to enforce any provision of these Terms will not constitute a present or future waiver of that provision nor limit Sebenzai’s right to enforce that provision at a later time. All waivers by Sebenzai must be in writing and signed by Sebenzai to be effective. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
e. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
f. Notices. All notices relating to these Terms will be sent by e-mail or will be posted on the Sebenzai Site. You consent to Sebenzai sending you e-mails relating to the Sebenzai Systems from time to time. Sebenzai will send notices to you at the e-mail address maintained in Sebenzai’s records for you. You must send notices to Sebenzai at firstname.lastname@example.org. E-mail notices or notices posted on the Sebenzai Site are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received when sent.
g. Contacting Sebenzai. If you have any questions or concerns about Sebenzai Systems or these Terms, you may contact Sebenzai at: email@example.com
Effective Date: August 13, 2019
Information We Collect From You and Why
We collect and use the following information to provide, improve, promote, and protect the Services:
- When you register with us through the Services to become a Sebenzai User, we will ask you for information relating to an identified or identifiable natural person (“Personal Data”). We may request you to provide Personal Data such as your name, email address, address, and other background information related to your experience and education. We collect information, including Personal Data, that you submit to the Services. We use your Personal Data to provide the Services to you and our customers (“Customers”) whose tasks you perform and to administer your inquiries.
- We also collect Personal Data that: (a) the Service Provider has provided to the Services directly or (b) that the Service Provider has provided to the Services indirectly through a third-party service (e.g., GSuite, Intercom, etc.). We may use this information to provide the Services to you and our Customer.
- If you express interest in obtaining information about our Services, sign up for an event or webinar, provide our business partners with your information, or download certain content, we may require you to provide us with Personal Data such as your name, email address, address, phone number, title, company name, and other information. We use this information to promote the Services to you with Sebenzai newsletters, marketing, or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.
- We may collect information from you in surveys that we may conduct in order to improve the Services.
- We may accept financial and payment information in order to process payment to you.
What Information We Collect From Devices and Usage and Why
We use typical tools and services, such as log files, cookies, pixel tags, and similar technologies to automatically collect information, which may contain Personal Data, from your devices while you navigate our Services or interact with emails we sent to you.
- When you use the Services, we may collect information about the devices you use to access the Services, including IP address, browser or device type, operating system, the website you visited before the Services, and identifiers of your devices. We use this information to provide, improve, and protect the Services.
- When you interact with our Services, we collect information about how you use the Services, including tracking Users’ activity in our Services. We use this information to provide and improve the Services, and to protect the Services.
You also have choices with respect to technologies we use to automatically collect information as described below:
- To find out more about how Google uses information when you visit a website that uses Google Analytics, please visit: https://policies.google.com/technologies/partner-sites.
- For more information about cookies and how to disable them, please visit www.allaboutcookies.org. You may also find more information about how to control cookies and opt out of receiving tailored advertising from the Network Advertising Initiative’s Consumer Opt-Out or the Digital Advertising Alliance’s Consumer Opt-Out. You are responsible for choices you make regarding these mechanisms.
- To learn how to manage privacy and storage settings for Flash Cookies, please visit the Macromedia site.
- HTML5 LSOs can be managed using browser tools and settings.
How We Use Information
Information Sharing and Disclosure
We use your Personal Data as described below, but we don’t sell it to advertisers or other third parties.
- If your User account was provisioned by a Service Provider, your administrator (“Admin”) may have access and control over the information associated with your account. The Service Provider may have its own policies governing access and use of information in your User account.
- The tasks you complete via the Services are provided to our Customers. We may share your Personal Data with our Customers in order to confirm your identity and demonstrate that you have completed a background check.
- We may share your information, including Personal Data, with Sebenzai’ss affiliates to provide, improve, protect, and promote the Services, or communicate with you.
- We may disclose your information to third parties if we determine such disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process, or government request, (b) protect any person from death or serious bodily injury, © prevent fraud, abuse, or security issue of Sebenzai or other users, and (d) to protect Sebenzai’ss or its licensors’ rights, property, safety, or interest.
- We may also disclose or share your Personal Data with your consent.
Sebenzai may sell, transfer or otherwise share some or all of its assets, including your Personal Data, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.
Data Modification, Deletion, and Retention
You may have the right to access, review, correct, amend, restrict, delete, opt-out of, or object to our use of the Personal Data provided to Sebenzai by contacting us at firstname.lastname@example.org. We may request specific information from you to help us confirm your identity and process your request. If your User account was provisioned by a Service Provider, the Service Provider is a “data controller” of your information, and if you seek to correct, amend, or delete data associated with your account, you should direct your requests to the Service Provider.
Sebenzai is concerned with safeguarding your information. Sebenzai employs reasonable physical, technological, and administrative security measures. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Information that we collect from you, will be transferred to, stored at, and processed by us, our affiliates, and other third parties in countries outside the European Economic Area, including, but not limited to, the United States and other countries, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.
For transfers of Personal Data from the European Economic Area and Switzerland to third countries, we will transfer Personal Data according to the requirements of EU data protection legislation, including by entering into European Commission Model Contracts or ensuring a third party’s participation in the EU-US or Swiss-US Privacy Shield Frameworks.
Links to Other Websites
Our Policy on Children
The Services are not directed to individuals under 18, or a higher age depending on your jurisdiction (“Required Age”). If Sebenzai becomes aware that a child under the Required Age has submitted information to us, we will delete the information. If you believe that we may have any information from a child under the Required Age, please contact us at email@example.com.