Our Legal Terms

Figure Eight Master Terms of Service

Last modified: 2015-10-13 22:48:00

Welcome to Figure Eight. Thank you for being a part of our community. All users of our website must agree to the following terms. Please read them carefully. By using or registering for our site, you agree:

• you are at least 18 years of age;
• you are bound by these Terms of Service, and all Figure Eight policies and guidelines referenced in this agreement;
• you have the authority to enter this agreement on behalf of yourself or the entity you represent; and
• you will not abuse our website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on Figure Eight which requires human intelligence.

Under these terms, “we” and “us” refers to Figure Eight, Inc. and its subsidiaries, affiliates, officers, agents, employees, representatives, and agents, and our “website” includes any website under our control, including www.figure-fight.com.

1. Purpose of Figure Eight

Figure Eight provides a platform on which an individual (“Contributor”) can choose to perform tasks that a third party entity or Figure Eight itself (each a “TaskAuthor”) posts to the Figure Eight website. TaskAuthors post tasks and invite Contributors to perform them in exchange for rewards provided by Figure Eight. We charge companies and individuals (each a “Customer”) for use of our platform so that they may author tasks, hire us to author tasks, and/or gain access to the Contributors.

2. Eligibility

To use our website you must be at least 18 years old and capable of entering into legally binding contracts. Figure Eight is available to U.S. and international users except where prohibited by U.S. or local governing law.

3. Customers and TaskAuthors

If you are a Customer or TaskAuthor, you agree to the Customer Terms and Conditions in addition to these Terms of Service.

4. Username and Password

Upon registering with Figure Eight you will be asked to create a username and password. You alone are responsible for ensuring and maintaining the security of your account, passwords, and any authentication keys associated with your account, and you are responsible for any use of or action taken through use of that information on Figure Eight. You must notify Figure Eight immediately if you suspect that your account information has been stolen or used by someone else.

5. Your Privacy

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

6. Acceptable Behavior

You are encouraged to interact with other users anywhere on our website, Forum, messaging, chat, and other social media channels controlled by Figure Eight, but if you do so you must comply with our Code of Conduct.

7. Misuse, Abuse, and Misrepresentation

You WILL NOT:

1. register for more than one Figure Eight account;
2. perform any task with the use of Internet bots, web robots, bots, scripts, or any other form of artificial intelligence or otherwise attempt to obtain rewards from Figure Eight without completing tasks as they are described;
3. provide any false information while using this website;
4. access or attempt to access our website through any proxy web server or other device designed to obfuscate your true location or identity or by any means other than the interface provided;
5. use the website for any illegal activity, or for any purpose other than the purpose for which it was made available;
6. engage in activity that interferes with or disrupts the functioning of the site;
7. insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code;
8. engage in spamming or post any kind of publicity, attempt to get referrals, mass communication, money offers or requests, solicitation of services, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs unless required by the task; or
9. insert external links that offer goods or services unless required by the task.

8. Verifying your Identity

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

9. Compliance with the Law

You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of our website. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights.

10. Contributor Taxes

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

11. Violation of These Terms of Service

We may suspend, limit, or cancel your access to the Figure Eight website at any time for any reason (except as provided in the Contributor Dispute Resolution section below), including because: (a) we believe you have violated these Terms of Service; (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or (d) we believe your actions may create liabilities for you, us, or a third party.

If we suspend or terminate your account, you will no longer have access to any parts of the Figure Eight site, including data, messages, files, and other material you keep on the site. You may NOT continue to use our website under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

12. Contributor’s Role and Relationship with Figure Eight

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

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

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

13. Rewards for Completed Tasks

If you are a Contributor, Figure Eight will reward you for acceptable completion of certain tasks. In the event you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any and all rewards to you may be withheld and/or recovered by Figure Eight.

14. Unacceptable Completion of Tasks

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

15. Contributor Qualifications and Skills

By performing tasks on our website you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate on the basis of national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Contributor to achieve access to tasks as your qualifications and skills accumulate. As a Contributor, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or via a ticket in our support system.

16. Intellectual Property and Proprietary Rights

You do not have any intellectual property or proprietary right, nor any other right, title, or interest, in our website, our software, our trademarks, logos, domain names, or other brand features, or any other related information or materials, all of which remain ours. No one may use our website except as authorized by us. We reserve the right to withdraw, expand, reduce, or otherwise change the website at any time in our sole discretion. No one shall be entitled to create any links to our website, or frame or mirror any content contained on or accessible through our website.

If you are a Contributor, Figure Eight, and not you, has proprietary rights in any work you produce as part of completing any task. By accepting the terms of this Agreement you agree to transfer possession, ownership, and title to your work to us. To ensure that we are able to acquire, perfect, and use such rights, you further agree to (i) sign any documents to assist in the documentation, perfection and enforcement of our rights; and (ii) provide reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights in any and all countries. Your obligations under this section will continue even after you deregister from or cease use of Figure Eight. You appoint us as your attorney-in-fact to execute documents on your behalf for the purposes set forth in this section.

17. Copyright and TakeDown

Figure Eight respects the intellectual property of others and we reserve the right to remove from our site any material that we believe may violate the intellectual rights of any third party. If you believe that your own work has been copied in a way that constitutes copyright infringement on this website, please contact Figure Eight customer support.

18. Indemnification

As a Contributor, you agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs), arising from or relating to your performance of tasks or your use of our website.

19. Disputes with Other Figure Eight Users; Release

Figure Eight is not a party to any dispute between you and another Figure Eight user. You release Figure Eight and its affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with any dispute between you and another user.

20. Confidential Information You Receive

Confidential information is any information that is marked as confidential or proprietary, or which should reasonably be understood by the receiving party to be confidential or proprietary. This does not include any information that is (1) publicly available, (2) already in the possession of, developed independently by, or already known to the receiving party, or (3) has been disclosed by court order or as otherwise required by law.

Whether you are a TaskAuthor, Customer, or Contributor, if you are provided with confidential information from anyone on our website, you agree to protect the secrecy of the confidential information with the same degree of care you use to protect your own confidential information, but in no event with less than due care. You may not disclose or publish any such confidential or proprietary information, except as may be necessary for performance of a task. All information within a job on the Figure Eight platform should be considered as confidential even if the information is not expressly designated as confidential.

If and when you no longer need the confidential information you received, you must promptly return or destroy (as requested by whoever disclosed the information) all copies of the information that exist on the premises, systems, or other equipment you control.

Because disclosing confidential information may cause irreparable harm, the disclosing party is entitled to seek injunctive relief for any breach or threatened breach of this term.

21. Changes to These Terms of Service

We may amend these terms at any time by posting a revised version of them on our website, and you are responsible for checking our website regularly for any such changes. In the event of any such change, you may continue to access or use our site after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using our website.

22. Website Modifications

We may improve or modify our website without notice to you.

23. Third-Party Websites

Our website may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the computer programs, content, or opinions contained on such websites. If you decide to leave our website and access any third-party website, you do so at your own risk.

24. Disclaimer of Warranty

OUR WEBSITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, WITH REGARD TO ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF OUR WEBSITE, SOFTWARE, THE TASKS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Figure Eight DISCLAIMS ALL IMPLIED OR EXPRESS CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Figure Eight WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF OUR WEBSITE. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the website or Figure Eight software. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our website.

25. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF Figure Eight FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY Figure Eight FEES RETAINED BY Figure Eight WITH RESPECT TO TASKS POSTED BY A TASK TASKAUTHOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

26. Contributor Dispute Resolution

If you are a Contributor, you agree to the following arbitration clause and class action waiver:

1. Alternative Dispute Resolution Required. You agree that for any dispute that arises out of or relates to your use of our website, including any dispute that may have arisen from the time that you began performing tasks for Figure Eight, and specifically including any claim related to whether or not you classify as an independent contractor, you will first notify Figure Eight of your claim against it. You and Figure Eight will then attempt to resolve the issue through either direct negotiation or mediation. We will split equally the cost of mediation and agree that mediation shall be conducted through telephonic or other electronic means. If a claim remains unresolved following informal negotiations or mediation, you agree that you and Figure Eight will use final and binding arbitration to resolve the dispute. This clause governs all claims retroactively from the time you began using our website, whether based on tort, contract, statute, including, but not limited to, any claims of discrimination and harassment, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation, equitable law, or otherwise.
2. Arbitration Procedure. All arbitration under this agreement will be conducted under the rules of the American Arbitration Association or by a mutually agreed upon arbitration service. The arbitrator will be a U.S. arbitrator selected from a list of no less than seven (7) names through alternative strikes. In arbitration, each party will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Awards must include the arbitrator’s written reasoned opinion. You give up your right to trial by jury of any claim you may have against Figure Eight or that Figure Eight may have against you. Any claim under this clause must be brought within the applicable statute of limitations period. The United States Federal Arbitration Act governs this clause, and you acknowledge that this Agreement evidences a transaction in commerce.
3. Exceptions. Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from this arbitration clause.
4. Administrative Exhaustion. You may bring any claim arising out of your use of this website to an administrative agency but only to the extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board. Nothing in this clause shall be deemed to preclude or excuse you from bringing an administrative claim before any agency in order to fulfill your obligation to exhaust administrative remedies before making a claim in arbitration; however, you waive the right to any monetary award through this such agency proceedings.
5. Location of Arbitration. Any arbitration proceeding under this section will take place by default no more than 45 miles from the place where you reside, unless you reside outside the United States, in which case the arbitration will take place entirely electronically or telephonically. The arbitration may take place at any other location if agreed to by every party in writing. Regardless of its location, any party may opt to appear at the arbitration via live video or teleconference.
6. Class Action Waiver. You waive any right you have for any dispute to be brought, heard, or arbitrated as a class, collective, or representative action. Notwithstanding any other clause contained in this agreement, the preceding sentence shall not be severable from this agreement in any case. Any claim that all or part of this waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You will not be retaliated against or prevented from completing tasks on our website as a result of your exercising your rights under Section 7 of the National Labor Relations Act, or by the filing of or participation in a class, collective, or representative action in any forum, but we may lawfully seek enforcement of this class action waiver, and seek dismissal of such class, collective, or representative actions or claims.
7. Costs and Fees. The parties shall each bear their respective costs for legal representation at any such arbitration, except to the extent that attorney’s fees are explicitly provided for by law. The parties will split any initial administrative fee charged by the arbitrator, up to a maximum cost to you of two hundred fifty dollars (US$250.00). The cost of the arbitrator and court reporter, if any, shall initially be borne by us; however, the arbitrator shall have the discretion to award appropriate costs to the prevailing party, as provided by law, and/or to require the parties to split the costs associated with the arbitrator and/or court reporter.
8. Severability. Except for the Class Action Waiver, if any term or provision, or portion of this arbitration clause is declared void or unenforceable it will be severed and the remainder of the arbitration clause will be enforceable.

27. Applicable Law

The laws of the State of California govern these Terms of Service and any controversy, dispute, or claim arising from them.

28. Termination

You may choose at any time to cease using our website, provided that you must abide by all applicable Figure Eight policies. We may, in our sole discretion, terminate this agreement, suspend access to our website, or remove any services immediately without notice for any reason.

29. General Terms

1. Entire Agreement. These Terms of Service and any policies, procedures, or terms referenced in this agreement constitute the entire agreement of the parties with respect to the subject matter, and supersede and cancel all prior and contemporaneous related agreements, claims, representations, and understandings of the parties.
2. No Waiver. We will not be considered to have waived any portion of our rights or remedies unless the waiver is in writing and signed by us. If we delay enforcing or fail to enforce our rights under any provision of this agreement, that will not constitute a waiver of our right to subsequently enforce such provision or any part of this agreement.
3. Assignability. You may not assign these Terms of Service without our prior written consent. We may assign these Terms of Service at any time, without notice. Subject to the foregoing, these Terms of Service will be binding on each party’s successors and permitted assigns.
4. Severability. If any provision of these Terms of Service is found invalid or unenforceable for any reason, it will not affect the validity and enforceability of any remaining provisions.
5. Notice. All notices related to these Terms of Service will be sent by e-mail or posted on our website. You must send notices to us at notices@Figure Eight.com. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission of properly addressed to the intended recipient.
6. Amendments. No modification or amendment to these Terms of Service by anyone other than Figure Eight shall be binding upon Figure Eight unless in a written instrument signed by a duly authorized representative of Figure Eight.
7. Prevailing Language. The English language version of these Terms of Service will control in all respects and will prevail in case of any inconsistencies with translated versions, if any.
8. Voluntary Agreement. All parties to these Terms of Service represent and agree that each has reviewed all aspects of this agreement, has carefully read and fully understands all its provisions, and is voluntarily entering into this agreement.

Customer Terms and Conditions

Last modified: 2015-03-02 03:18:00

1. Definitions
2. Figure Eight’s Services
3. Fees
4. Data You Provide
5. Registration
6. API
7. Software and Proprietary Rights
8. Equipment and Security
9. Anti-Discrimination
10. Confidentiality
11. Cancellation and Termination
12. Warranty and Disclaimer
13. Limitation of Liability
14. Dispute Resolution
15. Indemnification
16. General Terms

As a customer of Figure Eight, you and any entity that you represent (collectively, “Customer,” or “you”) agree to be bound by and are becoming a party to this agreement between you and Figure Eight, Inc. and its affiliates (“Figure Eight” or “us”). You may have completed either a Platform Access Order Form – PAYG or a Platform Access Order Form – Figure Eight Pro (each an “Order Form”). In addition to the Order Form you completed, this agreement includes and incorporates by reference the Figure Eight Master Terms of Service, the Figure Eight Code of Conduct, and the Figure Eight Privacy Policy, which are each available on our website, www.Figure Eight.com (collectively, this “Agreement”). By accepting these terms, you unconditionally agree to ALL of these terms and policies.

1. Definitions

Capitalized terms not defined in these Terms and Conditions are defined in the Order Form.

2. Figure Eight’s Services

Services and Support. Figure Eight will use commercially reasonable efforts to provide the Services to you. We will also use commercially reasonable efforts to provide you with technical support services for our website and software, according to our standard practice, via telephone or internet.

3. Fees

1. Fees and Method of Payment. You will pay us the fees described in the Order Form and attached Schedules, via the payment method you provided in the Order Form. Unless otherwise expressly agreed to by both parties in writing, you will provide full payment for all invoices issued within thirty (30) days after the mailing date of the invoice. You authorize us to run credit card authorizations on all credit card information you provide to us, to store that credit card information, and to charge your credit card or any other account we mutually agree to as a form of payment.
2. Overdue Payment to Figure Eight. Any late payments will accrue late charges at the rate of 1.5% percent per month or the maximum amount allowed by law, whichever is lower. If you fail to pay the amount due under this Agreement for any reason, your account may be suspended, at our sole discretion, in which case no additional payments will be made from your account for completion of tasks and all of your tasks will be removed from our website. You must reimburse us for all amounts due upon demand, plus any processing fees, late fees, or attorney fees. We may also make appropriate reports to credit reporting agencies and law enforcement authorities.
3. Billing Errors. If you believe that we have billed or charged you incorrectly, you must contact our customer support department no later than thirty (30) days after the closing date on the first billing or account statement in which the error or problem appeared in order to receive an adjustment or credit.
4. Taxes. You are responsible for payment of all taxes associated with the Services other than U.S. taxes assessed on Figure Eight’s net income or personal property.

4. Data You Provide

1. Customer Data. You may be required to provide data to us so we may perform the Services (“Customer Data”). We will not be liable for any failure to perform Services that is caused by your delay or failure to provide these data.
2. License to Your Data. You grant us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license during the term of this Agreement to use, reproduce, electronically distribute, and publicly display any Customer Data solely for the purpose of providing the Services. You represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section. We aggregate Customer Data with other data so that results are non-personally identifiable with respect to Customer and we also collect anonymous technical logs and data regarding use of the Services (“Aggregate/Anonymous Data”). Notwithstanding anything to the contrary herein, any such Aggregate/Anonymous Data may be used by Figure Eight for any business purpose during or after the term of this Agreement, including without limitation to develop and improve Figure Eight’s products and services and to create and distribute reports and other materials. For clarity, this Section 4.b. does not give us the right to identify you as the source of any Aggregate/Anonymous Data without your prior written permission.
3. “Data for Everyone.” If you have selected Figure Eight’s “Data for Everyone” option, then you grant us and all other users of the Services a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license to fully exploit all Customer Data, including all related intellectual property rights. If you do select the “Data for Everyone” option, you represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.
4. Offensive and Disallowed Content. If your data contain potentially explicit or offensive content, we require you to mark them “EXPLICIT CONTENT” to serve as fair warning to anyone who sees your data. You may not without a separate written agreement with Figure Eight include tasks that violate our policies, including, but not limited to, (a) tasks that directly or indirectly promote another website or service, (b) tasks that violate a third party website’s terms and conditions, (c) tasks asking Contributors to solicit third parties, (d) tasks that ask Contributors to take action to manipulate a website’s behavior or results, (e) tasks that violate the intellectual property rights of third parties, and (f) tasks that require Contributors to download software or files.

5. Registration

You will choose an administrative user name and password for your Figure Eight account. You may use the administrative user name and password to create subaccounts for additional users, each with a unique user name and password. Each additional user is bound to the terms of this Agreement. Figure Eight reserves the right to refuse registration of or cancel user names and/or passwords for any reason.

6. API

You may be required to integrate your website, application, or platform with our Services via our application programming interface (“API”), available here. In the event that you do so, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable license to use the API solely to access the Services. We may modify the API and/or cease support of old versions or releases of the API at any time. We reserve the right to suspend or limit your access to the API in our sole discretion, and we will use reasonable efforts to provide you notice prior to suspension.

7. Software and Proprietary Rights

Figure Eight owns all rights, including intellectual property rights, in the source code, object code or underlying structure, ideas or algorithms, API, and any additional software, documentation or data related to the Services (“Software”). You will not, directly or indirectly, via a third party or otherwise: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the Software; (b) modify, translate, or create derivative works based on any Software; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to any Software; (d) use any Software for timesharing, service bureau purposes, or otherwise for the benefit of a third party; or (e) remove any proprietary notices or labels.

8. Equipment and Security

You are responsible for obtaining and maintaining any equipment and ancillary services you use to connect to, access, or otherwise use our Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, and long distance and local telephone service. You are responsible for ensuring that such equipment is compatible with the Services and complies with any configurations and specifications described on our website or on the Order Form. You are also responsible for maintaining the security of your equipment, and for any use of your Figure Eight account through that equipment, even if used without your knowledge or consent.

9. Anti-Discrimination

You agree to Figure Eight’s Code of Conduct, and furthermore, that you will not discriminate against any user of the Figure Eight website based on national origin, race, color, gender, sexual orientation, or any other class protected by law when accepting or rejecting performance of a task, in communication related to performance of a task, or otherwise.

10. Confidentiality

You agree to all terms governing confidentiality in the Figure Eight Master Terms of Service. Notwithstanding anything to the contrary in this Agreement, Figure Eight may internally use any Customer Data and any data and information we collect relating to the Services for development, diagnostic, and corrective purposes. We may use your name and logo(s) in our marketing materials in a non-disparaging manner.

11. Cancellation and Termination

1. This Term Governs. This termination provision overrides all other termination provisions that may apply to you and Figure Eight with respect to the Services.
2. Termination by Us. We may terminate this Agreement and suspend or end the Services immediately, at any time, without notice or refund to you, if you are not complying with this Agreement, or if you use the Services in any way that we believe could cause us legal liability or disrupt others’ use of the Services. We can also terminate this Agreement and your use of the Services for our own convenience or for no reason at all, with 60 days’ prior notice to you. If that is the case, and if you have prepaid any fees to us, we will refund a pro-rata portion of those prepaid amounts, based on the remaining time or Services you have paid for, whichever is less. We will wind up our work in a commercially reasonable manner and preserve and deliver to you all paid-for Output Data Sets and all Customer Data in our possession. Upon any termination, we may but are not obliged to delete any data.
3. Termination by You. You may terminate this Agreement for any reason without refund by giving us 30 days’ prior written notice. You remain liable upon termination for any amount due under your Order Form. If your subscription includes any monthly or annual fees or monthly or annual minimums, you will still be responsible for paying for all Services fees through the end of that month or year, respectively.
4. Survival. As of the effective date of any termination, you will not have any right to access or use the Services or the API, but the rest of the terms of this Agreement will continue to apply.

12. Warranty and Disclaimer

You acknowledge our warranty and disclaimer in the Figure Eight Master Terms of Service.

13. Limitation of Liability

You acknowledge the Limitation of Liability in the Figure Eight Master Terms of Service.

14. Dispute Resolution

You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated Figure Eight’s intellectual property rights, we may seek injunctive or other appropriate relief in any proper state or federal court, and you consent to exclusive venue and jurisdiction in those courts. Arbitration under this agreement will be conducted under the rules of the American Arbitration Association or by a mutually agreed upon arbitration service. The arbitrator will be selected from a list of no less than seven (7) names through alternative strikes. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service will be joined with an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. You waive your right to take part in any class or collective action arising from this agreement.

15. Indemnification

1. Your Indemnification of Figure Eight. You agree to indemnify, defend, and hold us harmless against any damages, losses, liabilities, settlements, and expenses, including attorneys’ fees and costs, in connection with any third party claim or action that arises from your use of our Services, unless that claim is covered under the next Paragraph 15b. You further indemnify us and hold us harmless for any amounts paid or payable, including reasonable attorneys’ fees, to third parties unaffiliated with Figure Eight as a result of any claim that any of your data infringe or violate the intellectual property or other rights of a third party, provided that we give you (a) prompt written notice of the claim, (b) reasonable cooperation in defending the claim, and (c) sole control of the defense and settlement of such claim.
2. Figure Eight Indemnification of You. We will indemnify you and hold you harmless for any amounts paid or payable to third parties unaffiliated with you (including reasonable attorneys’ fees) as a result of any third party claim that the Services or Software infringe or violate the intellectual property or other rights of a third party, provided that you give us (a) prompt written notice of the claim, (b) reasonable cooperation in defending the claim, and (c) sole control of the defense and settlement of such claim.

16. General Terms

You agree to all of the General Terms in the Figure Eight Master Terms of Service. You further agree that we are not legal partners with you, and nothing in this Agreement establishes an agency, partnership, joint venture, or employment relationship between you and Figure Eight. Neither party has any authority to bind the other party in any respect whatsoever. Neither party will be liable to the other to the extent performance is delayed or prevented by revolution or other civil disorders, wars, strikes, labor disputes, electrical equipment or availability failure, fires, floods, acts of God, government action, or any other causes not within its control and which it is unable to prevent by reasonable diligence. This Agreement may be executed simultaneously in any number of counterparts, each of which will be deemed an original, but all of which together constitute one and the same Agreement. Facsimile signatures are valid signatures for enforcement of this Agreement.

Code of Conduct

Last modified: 2014-02-25 01:24:00

1. Respect the Community
2. Be Polite
3. Keep it Clean
4. Be Honest
5. Don’t be Prejudiced
6. Don’t Harass

1. Respect the Community

You must respect anyone you interact with on our website or on any social media channel associated with Figure Eight, including any Contributor, TaskAuthor, Figure Eight employee, partner, Customer, or other Figure Eight user.

2. Be Polite

You have the right to express yourself without offending other users. When communicating with others, especially if in dispute over a task, use clear, calm, and polite language.

3. Keep it Clean

You must refrain from using obscene, foul, inappropriate, or offensive language, images, or communication.

4. Be Honest

Do not misrepresent facts or your identity to others.

5. Don’t be Prejudiced

You may not discriminate against or harass any member of the community based on race, color, national origin, religion, gender, sexual orientation or any other class that is protected by federal, state or local law.

6. Don’t Harass

Do not threaten, falsely accuse, or intimidate any member of the Figure Eight community. Do not violate the rights of anyone on or associated with our website, including engaging in fraud or defamation against them.

Privacy Policy

Last modified: 2014-06-26 21:54:00

1. Introduction
2. What Is Personal Information?
3. What Information Do We Collect?
4. How Do We Use the Personal Information We Collect?
5. What Personal Information Do We Share With Third Parties?
6. Links to Other Websites
7. What Steps Do We Take To Protect Your Information Online?
8. What Choices Do You Have Regarding the Use of Your Information?
9. Safe Harbor Compliance
10. Dispute Resolution Mechanism
11. Contact Us

1. Introduction

Figure Eight takes large, data-heavy projects and breaks them into small tasks that are distributed to more than a million on-demand contributors globally. This privacy policy (“Policy”) explains how personal information is collected, used, and disclosed by Figure Eight, Inc.(“Figure Eight”, “we” or “us”) with respect to your use of any Figure Eight website, mobile site or application which links to this Policy (each a “Site”) and any use of the Figure Eight service (the “Service”) so you can make an informed decision about using the Site.

We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was last updated. We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used.

2. What Is Personal Information?

The term “personal information” means information that specifically identifies an individual or enables others to contact an individual (such as a name, address, telephone number, mobile number, e-mail address, or credit card number). It also includes other information about an individual when it is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of the Site or Service or about a group or category of services or users, from which personal information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.

3. What Information Do We Collect?

Active Collection: We collect information you voluntarily provide when you use the Site or the Service, such as when you:

• Create an account or profile or fill out a form;
• Subscribe to newsletters or other publications or services;
• Place an order, request services or technical support, or send a task request;
• Respond to a task request and/or participate in a job offered via the Service;
• Send us an email, or provide or request information or referral services
• Participate in surveys, sweepstakes, contests, promotional offers, and other activities on the Site; and
• Participate in online communities or other interactive features, including when you leave comments, post content, and send messages to other users.

The information we collect may include:

• Contact information, such as your name, email, address, telephone number, and mobile number.
• Financial Information, such as your bank, credit card or other account information which we may collect in order to process payments to or from you.
• Identity Information, such as your social security number or other tax ID number, or a portion thereof, your date of birth etc., which we may collect for a variety of purposes, such as to meet applicable reporting requirements or to verify your identity
• Transactional and performance data regarding the tasks you perform.
• Demographic and relationship information you choose to share, including by connecting to the Site through a social network.

This information may be collected either directly or through a third party site that you use to connect to the Site.

Passive Collection:

When you use the Site or the Service, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.

Cookies: We may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us improve our Site and our Service and analyze trends and user activity. If we link cookies to any personally identifying information, we will treat this information as personal information.

If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to block cookies, this could affect certain features on our Site and may make you unable to work on certain tasks. In addition, Figure Eight or a third party may also set a “flash cookie” (also known as “local shared objects”) on your computer. Removing and rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Site.

Adobe has more information about deleting or disabling flash cookies.

Web Beacons: We may use Web beacons (also known as clear GIFs or Web bugs) or similar technology on the Site or in emails. Web beacons are small, invisible graphic images that may be used to collect certain information and monitor user activity. Web beacons allow us to count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

Third Party Collection: Third party vendors and service providers. We may also use third parties to serve ads on the Sites may serve ads on the Site or otherwise place cookies, Web beacons or other devices or technologies on the Site or in connection with the Service. This enables them to automatically collect non-personal information about you and your visits to the Site and to other websites, your IP address, your ISP and the browser you use to visit our Site. Information collected may be used, among other things, to analyze data, to deliver content and advertising on this or other sites (including content and advertising that is targeted to your interests). Such information may also be used to determine the popularity of certain content and to better understand the usage and visitation of our Site and the other websites. This Policy does not apply to, and we are not responsible for, cookies, Web beacons or similar devices or technologies placed by third parties. If you would like more information about this practice and your choices with respect to ad networks, please visit Networkadvertising.

Connecting through Third-Party Sites: If you create, log into your account, or otherwise access a Figure Eight Site or Service through a third-party social networking site, such as through Facebook Connect, Figure Eight will have access to certain information from that site.

We may store and process your personal information in the United States or in any other location around the world.

4. How Do We Use the Personal Information We Collect?

We collect and use personal information for the following purposes:

Providing Service — to provide and facilitate the tasks, services, products, features or information users request or offer and to process and complete transactions.

Communications — to contact users, to respond to emails, submissions, questions, comments, requests, and complaints, and to notify and contact contest and sweepstakes entrants.

Feedback — to request feedback and to otherwise contact users about use of the Site and the Service and about Figure Eight tasks, products, and services.

Analysis and Customization — to analyze and gather information regarding user needs, capabilities and suitability, to monitor and analyze site usage and trends, user behavior, preferences and performance, to personalize and improve the Site and our users’ experiences on the Site, and to provide ads, content, or features that match user profiles or interests.

Marketing — to provide users with news and information about both our own and third party tasks, and about events, activities, offers, promotions, products, services, features and enhancements we think will be of interest to such users.

Administrative Use — to send confirmations, updates, security alerts, administrative messages and other account or profile related information, to provide service and technical support, and to otherwise facilitate the use, administration and operation of the Site and the Service.

Reporting — to fulfill tax, financial and legal reporting requirements.

Enforcement — to enforce our Terms of Use, to detect fraud, and to protect the rights, property, or safety of Figure Eight, our users, our employees, third parties or the public.

Other — for any other purpose for which the information was collected or which was identified at the time the information was collected.

5. What Personal Information Do We Share With Third Parties?

We will not share the personal information we collect from you through this Site with third parties, except as described in this Policy, on the Site or in connection with the Service. For example, we may share personal information as follows:

Service Providers — with vendors, consultants, and other service providers (“Service Providers”) who are engaged by us in connection with the operation of the Site or the Service and who need access to such information to carry out their work for us.

Consent — when you give us your consent to do so, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.

Aggregated Information — in an aggregated or anonymized form that does not directly identify you.

Compliance with Law — when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or respond to lawful requests or legal authorities. This includes responding to subpoenas, warrants, court orders, abuse reports or infringement claims.

Protection of Figure Eight and Third Parties — when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of Figure Eight, our users, our employees, copyright owners, third parties or the public, including without limitation to protect Figure Eight or our users from fraudulent, abusive, inappropriate, or unlawful use of our Site.

Enforcement — to enforce or apply this Policy, our Terms of Use, or our other policies or agreements.

Sale or Merger — in connection with any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of Figure Eight.

Community Features — You understand that information you post in forums, blogs, comments, listings, profiles, public or private groups, and other interactive areas of the Site or the Service may be available to other users and in some cases may be publicly available. We recommend you be cautious about giving out personal information to others or sharing personal information in public or private online forums.

Connecting to Figure Eight via Third-Party Sites — If you connect to a Figure Eight Site or Service through a third-party social networking site, such as Facebook Connect, or otherwise connect to a Figure Eight Site or Service from another site, certain information regarding your actions on this Site or through the Service may be automatically shared with the connected site. For example, some of the actions you take on this Site may be published on such third party site, subject to your settings on that site. For information on how such third-party social networks will use and share your information and the options you may have in connection therewith please visit the privacy policy page for the applicable social network.

We are not responsible for the actions of Service Providers, social networks or other third parties, nor are we responsible for any additional information you provide directly to any third parties. We encourage you to become familiar with their privacy practices before disclosing information directly to any such parties. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent.

6. Links to Other Websites

Our Site and Service may contain links to other websites. This Policy does not apply to such linked sites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the privacy and security practices and policies of any sites that are linked to from this Site or the Service. We encourage you to learn about the privacy and security practices and policies of third-party sites before providing them with personal information.

7. What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.

8. What Choices Do You Have Regarding the Use of Your Information?

You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or profiles or about our ongoing business relations.

9. Safe Harbor Compliance

Figure Eight complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. The company has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.

10. Dispute Resolution Mechanism

Individuals should work directly with their assigned Account Managers to address complaints regarding Figure Eight’s compliance with Safe Harbor. If unable to address the issue via the assigned account team, individuals should contact Figure Eight directly via e-mail at help@Figure Eight.com.

11. Contact Us

If you have any questions about this Policy, please contact us at privacy@Figure Eight.com or 2111 Mission Street, Suite 302 San Francisco, CA 94110.

AI for Everyone Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The AI For Everyone Challenge (the “Contest”) is sponsored by Figure Eight, Inc. (“Sponsor”).

ELIGIBILITY:

Subject to these Official Rules, the Contest is open only to those who are at least 18 years old as of the date of entry. Employees of Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

ENTRY PERIOD:

The Contest begins at 12:00 am PT on June 16^th, 2017 and ends at 11:59 pm PT on September 14^th, 2017 (including time zone) (“Entry Period”).

HOW TO ENTER:

No purchase or payment is necessary to participate in the Contest. During the Entry Period, enter the Contest through visiting [www.Figure Eight.com/ai-for-everyone] and completing the submission form (“Submission Form”), in English. The Submission Form will include the following fields: First Name, Last Name, Email Address, Job Title, Company Name, AI for Everyone Challenge Project Name. The Submission Form will also include the following longer form essay questions: (i) please include a brief biography of you and/or your team’s background, (ii) please describe your project, including your vision of what you hope your project will achieve, (iii) please describe how you would use the Prize (defined below) (i.e. what dataset would you like to have labeled, cleaned or collected?) and how you would try to achieve your vision without the prize, and (iv) please explain why you think your project is likely to succeed. Submit your Submission Form via www.Figure Eight.com/ai-for-everyone. Multiple entrants that submit the same Submission Form will be disqualified. Any late, lost, misdirected, incorrect or incomplete entries will be disqualified and Sponsor and its agents will not be responsible for such entries.

By submitting an entry, you agree that your completed Submission Form(s) and any other information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with Sponsor’s Privacy Policy https://www.Figure Eight.com/legal/privacy-policy/ and may be shared with Sponsor’s affiliated business entities. All information submitted to Sponsor as part of an entry becomes the property of the Sponsor. You hereby grant Sponsor a royalty-free, perpetual, sublicensable, transferable, irrevocable and worldwide license to freely copy, modify, display, publish, use and otherwise exploit the Submission Form(s) (as completed by you) and the information contained therein for any purpose. Sponsor may and is hereby authorized to (and to allow other to) use your name in connection with promotion of its business, products or services.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.

PRIZES:

Each winning entry shall receive the following (total estimated retail value per winner: $150,000.00):

• Free Figure Eight platform subscription (up to 1 million rows),

• $25,000 credit towards Figure Eight contributor costs,

• Free Figure Eight AI subscription,

• Free Figure Eight platform training and onboarding, and

• 2 free tickets to Train AI 2018.

Note: as a condition of winning, each winner must make the any data sets resulting in whole or in part from the Prizes open, i.e. accessible to anyone for use for any purpose, without restriction, and Sponsor is also hereby granted the right to do so.

Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the Entry Period, send a self-addressed stamped envelope to AI for Everyone Winner’s List, c/o Figure Eight. Attn: Marketing, 2111 Mission Street Suite 302 San Francisco, CA 94110.

Please allow 6-8 weeks for delivery of Prizes.

PRIZE SELECTION:

Entries will be reviewed and scored by the Figure Eight Scientific Advisory Board (https://www.Figure Eight.com/team/). The Figure Eight Scientific Advisory Board shall read the eligible entries and select twenty finalists based on the following criteria: originality, impact on society, impact on the artificial intelligence community (collectively the “Scoring Criteria”). Finalists will be invited to conduct a video interview with the Figure Eight Scientific Advisory Board or to submit a short video responding to theFigure Eight Scientific Advisory Board’s questions about the project. Two winning entries will be selected by theFigure Eight Scientific Advisory Board based on the finalist responses to the video interview. TheFigure Eight Scientific Advisory Board shall base its decision on the Scoring Criteria. The decision of theFigure Eight Scientific Advisory Board is final and binding.

The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. Winners will be notified by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. Winners must claim their Prize within five (5) days after the date of notification of such Prize. A Contest winner’s failure to respond to the Prize notification within the specified five (5) days will be considered such Contest winner’s forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.

GENERAL CONDITIONS AND RELEASES:

By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).

An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading any application or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect. This Contest shall be governed by California law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in San Francisco, California, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.

Figure Eight Description of Standard Services

The following definitions, billing methodologies, service descriptions and additional terms are applicable to the purchase and use of Figure Eight products and Services and shall be deemed incorporated into the Order Form or other Transaction Document between Customer/Partner (as applicable) and Figure Eight.

Figure Eight is constantly working to improve its Services for the benefit of all its global Customers, and as a result, we need to retain the right to make changes to all Services so long as the changes do not negatively impact our Customers. Figure Eight may modify or terminate any Service if such modification or termination is generally applicable to all Customers. Capitalized terms used but not defined herein shall have the meanings set forth in the Terms & Conditions governing Customer’s purchase of Figure Eight offerings.

If Licensee (or “Customer”) and Figure Eight enter an Order or Statement of Work (collectively, “SOW”) which references the document, and states that Customer is purchasing one or more of the standard services described below, Figure Eight will use commercially reasonable efforts to provide to Customer such services (“Services”), as described below.

I. Descriptions of Individual Standard Services:

A. Training – Platform:

• Objective: The objective of this engagement is to help the Customer get the most value from its subscription and use of the Figure Eight platform while building a stronger relationship with Figure Eight Team. A Customer is typically trained on the following:
  • Module 1: Platform Fundamentals and Job Design
  • Module 2: Test Questions and Quality
  • Module 3: Monitoring, Reporting, Quality Assessment and Auditing
  • Module 4: Customer specific use case review
• Time and Duration: The Platform Training is available as either Onsite (2 Consecutive Days) or Remote (4 remote sessions spread over no more than 2 weeks). The SOW / Order Form will identify the number of consulting days purchased.

B. Training – API Integration:

• Objective: The objective of this engagement is to help the Customer automate their Figure Eight Workflows using API Integration. A Customer is trained on the best practices and use of the Figure Eight API.
• Time and Duration: The API Integration Training is available as either a half-day Onsite or Remote engagement. The SOW / Order Form will identify the type of training purchased.

C. Professional Services – Quickstart:

• Objective: The objective of the Quick Start packages are to comprehensively train the customer with sufficient hands-on experience with the platform and provide consulting expertise if required. Quick Start packages include Platform Training as well initial job creation for our Customers to get customers up and running on the platform quickly. Quickstarts are available in three flavors to accommodate customer needs:
  • Quickstart – One (1) Remote Training, One (1) Customer Job Design
  • Quickstart Premium – Up to Three (3) Remote Trainings or One (1) Onsite Training and Up to Three (3) Customer Job Design
  • Quickstart Elite – One (1) Onsite Training, 40 Hrs of Consulting and 40 Hrs of Platform Implementation Services
• Time and Duration: Figure Eight offers a range of Quick Start packages to help our Customers quickly adopt and realize the benefits of the Figure Eight Platform. The SOW / Order Form will identify the type of Quick Start purchased.

D. Professional Services – Platform Administration:

• Objective: The objective of the Platform Administration Service is to assist the customer with Business As Usual (BAU) need to create, monitor, execute and maintain jobs on the Figure Eight platform. Platform Administration includes:
  • Creation and Enhancement of Jobs per customer requirements
  • Creation / Review of Test Questions for job quality
  • Pre-Processing of input data and Post Processing of job results
  • Monitoring Jobs for completion
  • Auditing jobs for quality
  • Providing periodic reporting to customers on jobs
  • Providing job results back to the customer
• Time and Duration: Platform Administration is available as a committed “weekly part-time” of a resource and is available in Quarter Time (10 hrs/week), Half Time (20 hrs/week), Three Quarter Time (30 hrs/week) depending upon the complexity of the engagement and jobs involved. Platform Administration. Services are available in 3 months (minimum), 6 months, 9 month and 1-year commitments (term). Platform Administration Services are prepaid and unused hours expire at the end of the term, any consulting overage on the committed term is charged at the effective bill rate upon the exhaustion of hours. The SOW / Order Form will identify the type of Platform Administration purchased.

E. Professional Services – Consulting Day:

• Objective: Figure Eight Consulting Day shall consist of on-site or remote consulting at Customer’s office. Such consulting days shall consist of general advice or implementation to be provided to customer relating to its use of the Figure Eight platform. During the course of providing Services, Figure Eight may design, develop for or deliver to Customer jobs, scripts, documentation, reports, and other tangible deliverables, which shall be referred to as “Deliverables”.
• Time and Duration: A Consulting Day is considered as 8 hours of onsite or remote consulting. The SOW / Order Form will identify the number of Consulting Days purchased.

II. General

These apply to any Services purchased by Customer:

A. Deliverable:

• Figure Eight may design, develop for or deliver to Customer jobs, scripts, documentation, reports, and other tangible deliverables. Figure Eight will provide periodic reports along with recommendations (if any) to the Customer.

B. Assumptions and Customer Responsibilities

• Customer will provide access to at least one representative from their team during the course of the engagement to serve as the primary contact liaison for the engagement. Additional subject matter experts will be brought in as needed to accomplish the goals of the engagement.
• A consulting day is up to a maximum of eight hours of consulting (“Consulting Day”).

C. Resources

• Upon SOW execution, Figure Eight will schedule personnel and related resources. The project start date may vary based on resource availability, which typically is at least two weeks after SOW signature. Figure Eight will work with Customer to determine project commencement.

D. Travel and Expenses

• Consulting Services outline on the Order Form / SOW exclude any incidental Travel and Expenses and will be charged to the Customer separately as incurred. Figure Eight’s reasonable travel and incidental expenses incurred in conducting on-site activities at Customer’s site shall be billable to and paid by Customer upon receiving invoice with receipts (if requested).

E. Governing Terms

• Warranties. Figure Eight represents and warrants that the Services provided hereunder shall be provided in a professional and workmanlike manner and the deliverables shall substantially conform to the descriptions specified in this SOW. In the event of a breach of this warranty, Figure Eight shall use commercially reasonable efforts to re-perform the applicable Services or re-deliver the applicable deliverables, provided that Customer notifies Figure Eight within five (5) days of the nonconformance. This does not include any Crowd Costs required for re-delivering the services. The foregoing shall be Customer’s sole and exclusive remedy for a breach of this warranty.