Last updated on February 15, 2019
The following describes the terms applicable to the use of the Quantamix Solutions (also referred to as the "SITE", the "WEBSITE" or the "PLATFORM"). 'Quantamix Solutions' or 'www.quantamixsolutions.com' website are trademarks owned by Quantamix Solutions Solutions Private Limited and Quantamix Solutions BV, The Netherlands.
Quantamix Solutions is a analytics platform and ecosystem for production quality AI and machine learning tools, applications and social media solutions. Quantamix Solutions is a global community of data scientists, full stack developers, front end UX/UI designers and backend engineers (also referred to as “Collaborator ” or "Collaborator ") . It helps brands across industries with business, technical, engineering, scientific, logistical, manufacturing, or data science questions (also referred to as "SPONSOR") derive insights through qualitative and quantitative analysis, visualisation, interpretation of their data (also referred to as "SERVICE"). SPONSORS may post such problems (also referred to as "USE CASE" or “USE CASES (S)”) with help from Quantamix Solutions Lead Developer (also referred to as "HEAD DEVELOPER (S)") and may offer a payment amount (each, also referred to as "REWARD") for solutions submitted by Collaborator(s) ) for a specific SOLUTION via the website (also referred to as "PROPOSED SOLUTION(S)"), which the COMPANY and the SPONSOR deems acceptable ("ACCEPTED SOLUTION(S)") based upon the structure of the SOLUTION. SOLUTION description and associated guidelines, criteria and REWARDS will henceforth be referred to as the "SOLUTION STATEMENT".
It is also clarified, that certain SOLUTIONS may be posted by the COMPANY. In such cases, COMPANY will also be the SPONSOR.
PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the terms and conditions mentioned here, do not use Quantamix Solutions and its services. The COMPANY may revise this Agreement at any time by posting an updated version on the WEBSITE. By continuing to be a registered as Collaborator and using Quantamix Solutions services, Collaborator hereby agrees and acknowledges:
Eligibility to participate as a Collaborator
COMPANY collects personal and professional information when the Collaborator registers on the SITE. Collaborator is responsible for maintaining correct and up to date information at all times.
That during the course of interactions of Collaborator (S) with the COMPANY or other Collaborator (S) on the platform in relation to the specific SOLUTION, there may be certain "Confidential Information" that are disclosed to the Collaborator (S); said "Confidential Information" consisting but not necessarily limited to:
Data provided to you to enable you to participate in the USE CASES AND PROPOSED SOLUTIONS. Proprietary Confidential Information accessible under agreements like NDA's, PIA's, PDIA's etc signed with COMPANY, Collaborator (S), SPONSORS, Customers, Independent Consultants etc.
You agree to:
Use the "Confidential Information" solely for understanding the use case or proposed solution setup by the
Establish safeguards to protect the "Confidential Information" from unauthorized use or disclosure;
NOT make any attempt to identify the source, reverse engineer personally identifiable information (“PII”), reproduce, distribute copies of, display, perform, sublicense, or create derivatives of the “Confidential Information” in full or in part;
At any time after the sharing of any information by the COMPANY, use for yourself or others, or disclose or divulge to others including future employees, any trade secrets, confidential information, or any other proprietary data provided by the COMPANY in violation of this agreement with the exclusion if such information become publicly available.
Collaborator (S) have no obligation with respect to information that:
(a) was in Collaborator 's possession without a duty of confidentiality before receipt from COMPANY;
(b) is or becomes a matter of public knowledge through no fault of Collaborator ;
(c) is rightfully received by Collaborator from a third party without a duty of confidentiality;
(d) is independently developed by Collaborator ;
(e) is disclosed by Collaborator with the COMPANY's prior written approval; or
(f) is disclosed under operation of law, regulation or court order, provided that
Collaborator provides the COMPANY with prompt notice of any efforts to compel disclosure and reasonably co-operates with the COMPANY’s lawful attempts to prevent disclosure or to obtain a protective order.
The terms of this Agreement regarding Confidential Information will survive the termination or expiration of this Agreement.
YOU warrant and agree that any and all information contained in any PROPOSED SOLUTION or ACCEPTED SOLUTION will be accurate and will not:
infringe any third party's copyright, trademark, patent or other proprietary rights or rights of publicity or privacy; or
violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or
be libelous, unlawfully threatening, or unlawfully harassing.
include any software, programming or other intellectual property that requires PROPOSED or ACCEPTED SOLUTIONS to be disclosed or distributed in source code or object code form, licensed for the purpose of making derivate works, or redistributable (“Open Source Software”) or has any other similar requirements.
YOU warrant and agree that YOU will create any and all information contained in any PROPOSED SOLUTIONS or ACCEPTED SOLUTION and will not collaborate with any third party (including without limitation any study partners, colleagues or other members that are not lawfully part of the SOLUTION)
Intellectual Property Definition
“INTELLECTUAL PROPERTY” means patents, trademarks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software) and circuit topography rights, Know-how, secret formulae and processes, lists of suppliers and customers and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licenses and consents in respect of any of the rights and forms of protection mentioned in this definition (and “INTELLECTUAL PROPERTY RIGHTS” shall be construed accordingly).
Ownership and Assignment of INTELLECTUAL PROPERTY
All materials developed by Collaborator shall be designated to one of the following Solution designations and the rights and licenses shall be as follows with respect to each:
PROPOSED SOLUTIONS: Collaborator shall retain all IPR in PROPOSED SOLUTIONS. Collaborator grants to COMPANY a 90 day, irrevocable, worldwide, exclusive, fully paid, royalty-free license to use and execute, reproduce, display and make copies of such PROPOSED SOLUTIONS for COMPANY and SPONSORS’ business purposes only. COMPANY’s confers no title or ownership in the PROPOSED SOLUTION and no rights in any associated source code.
ACCEPTED SOLUTIONS: Unless otherwise specified in the SOLUTION STATEMENT, all ACCEPTED SOLUTIONS shall be considered works made for hire. As such, Collaborator agrees that COMPANY exclusively owns all INTELLECTUAL PROPERTY RIGHTS in and to all ACCEPTED SOLUTIONS, and that such ACCEPTED SOLUTIONS are Confidential Information of COMPANY. To the extent that any portion of an ACCEPTED SOLUTION is not deemed a “work made for hire” by operation of law, Collaborator hereby irrevocably assigns, transfers and conveys to COMPANY all right, title and interest in and to such ACCEPTED SOLUTION, including all present and future INTELLECTUAL PROPERTY RIGHTS. Collaborator hereby waives in favor of COMPANY any and all artist’s or moral rights (including without limitation, all rights of integrity and attribution) it may have in or to the ACCEPTED SOLUTION pursuant to any state or federal laws of the country concerned and all similar rights under the laws of all other applicable jurisdictions. Collaborator shall forfeit any license rights to use, execute, reproduce, distribute copies of, display, perform, sublicense, resell or create derivative works from any ACCEPTED SOLUTION.
INTELLECTUAL PROPERTY RIGHTS: Warranty and Indemnity
The Collaborator warrants, represents and undertakes to the COMPANY that the COMPANY’s receipt, possession and/or use (as the case may be) of the PROPOSED SOLUTIONS and/or ACCEPTED SOLUTIONS shall not infringe any INTELLECTUAL PROPERTY RIGHTS or other rights of any person.
The Collaborator shall indemnify the COMPANY against all losses incurred or suffered by the COMPANY arising from or in connection with any infringement of, or allegation or claim of infringement of, any INTELLECTUAL PROPERTY RIGHT or other rights made against the COMPANY or its personnel (also referred to as an “IPR CLAIM”).
The COMPANY shall:
promptly notify the Collaborator as soon as reasonably practicable of any IPR CLAIM of which it has notice;
notwithstanding any judicial obligation, not admit any liability or agree to any settlement or compromise of an IPR CLAIM, without first consulting with the Collaborator ;
allow the Collaborator to manage and conduct all negotiations and proceedings at the Collaborator ’s own expense; and
In relation to any IPR CLAIM, the Collaborator shall ensure that the COMPANY is granted access to all relevant documents and proceedings connected with the IPR CLAIM and shall update the COMPANY at regular intervals regarding the progress of any IPR CLAIM.
If an IPR CLAIM is made, the Collaborator shall promptly at its expense either:
obtain for the COMPANY the right to continue to use, possess or receive the relevant aspect of the PROPOSED SOLUTION or ACCEPTED SOLUTION which is subject to the IPR CLAIM in the manner contemplated by this Collaborator ’s Agreement; or
modify or replace, or procure the modification or replacement of, the relevant material with a non-infringing substitute provided that:
the modified or replaced material remains capable of complying with the representations and warranties given under this Collaborator ’s Agreement;
the modified or replaced material not have an adverse effect on any other aspect of the PROPOSED SOLUTION or ACCEPTED SOLUTION ;
there is no additional cost to the COMPANY; and
the provisions of this Collaborator ’s Agreement apply to the replaced or modified material.
If the Collaborator :
fails to conduct negotiations and/or initiate proceedings in response to the IPR CLAIM within thirty (30) days of notice being given to the Collaborator by the COMPANY of the IPR CLAIM, the COMPANY shall be entitled to assume exclusive conduct of the IPR CLAIM and negotiate any settlement of the IPR CLAIM (which the Collaborator shall comply with including the payment of money);
fails to comply with its obligations within thirty (30) days of notice of the IPR Claim being given to the Collaborator by the COMPANY or the Collaborator elects to obtain a license in or to modify or replace the material but this fails to avoid or resolve the IPR CLAIM then, without prejudice to the COMPANY’s other rights and remedies under any provision of this Collaborator ’s Agreement (including the indemnity given by the Collaborator , the COMPANY shall be entitled:
to a refund from the Collaborator for any fees including but not limited to the REWARD paid by the COMPANY in connection to the PROPOSED SOLUTION or ACCEPTED SOLUTION which is subject to the IPR CLAIM; and
to terminate the Collaborator ’s Agreement by notice.
Conditions Regarding PROPOSED SOLUTIONS
Payment of REWARD will be handled in accordance with the terms set forth in the SOLUTION STATEMENT. The criteria for qualifying for a particular REWARD shall be as set forth on the SITE in connection with that particular SOLUTION STATEMENT.
If YOU submit a PROPOSED SOLUTION in response to COMPANY SOLUTION, YOU agree that YOU are the owner of the submitted PROPOSED SOLUTION and that YOU are legally free to make the disclosure and to convey the INTELLECTUAL PROPERTY RIGHTS being offered to the COMPANY.
YOU agree that the decision as to when a solution is treated as an ACCEPTED SOLUTION is solely up to the COMPANY and / or SPONSOR.
The COMPANY and / or SPONSOR may also, at their discretion, decide that no solution is an ACCEPTED SOLUTION, and can withdraw the problem. If a problem is not solved to the satisfaction of the COMPANY and / or SPONSOR, no funds are distributed to the Collaborator (S).
The meeting of the ACCEPTABLE SOLUTION criteria in the SOLUTION STATEMENT does not mean that a PROPOSED SOLUTION will be accepted by the COMPANY and / or SPONSOR.
The decision to accept a PROPOSED SOLUTION is entirely at the discretion of the COMPANY and / or SPONSOR.
The COMPANY may, at its sole discretion, and without notice, remove any Collaborator or SPONSOR from the WEBSITE.
If your PROPOSED SOLUTION is not accepted by the COMPANY and/or the SPONSOR, the COMPANY and/or the SPONSOR are not obliged to offer any explanation.
ACCEPTED SOLUTION and Payment of REWARD
ACCEPTED SOLUTION(S) will be eligible for REWARD in accordance with the SOLUTION STATEMENT.
Payment of REWARD will be handled in accordance with the terms set forth in the SOLUTION STATEMENT.
The COMPANY may deduct applicable fees and taxes applicable to the REWARD.
If due to an inadvertent error, the wrong amount of REWARD is allocated to you, the COMPANY will indicate this error and provide accompanying details to YOU up to a maximum of thirty (30) days from the Solution Completion Date as per the SOLUTION STATEMENT. In case of any additions to the REWARD, the COMPANY will transfer the additional amount to Collaborator account. In case of any deductions to the REWARD, the Collaborator is obliged to refund the incremental amount to the COMPANY.
Collaborator shall be responsible for all nature of taxes payable at any Country with respect to this transaction. The Collaborator shall alone be liable for such taxes and shall pay the taxes promptly.REWARD amount indicated in SOLUTION STATEMENT does not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). YOU are responsible for paying all Taxes associated with the REWARD. If the COMPANY has the legal obligation to pay or collect Taxes for which YOU are responsible under this Section 8, the COMPANY will invoice YOU and YOU will pay that amount unless YOU provide the COMPANY with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, the COMPANY is solely responsible for taxes assessable against the COMPANY based on the COMPANY’s income, property and employees. Further, for the purpose of complying with the tax laws in India the Collaborator shall provide all the data as requested for by the COMPANY.
Collaborator will defend, indemnify and hold harmless the COMPANY from and against any and all costs (including attorney's fees incurred in defense) or liabilities (including payroll taxes, penalties or interest) arising out of his/her actions related to participation in SOLUTIONS.
Collaborator shall also indemnify and hold the COMPANY harmless from all claims, damages, losses and expenses for bodily injury and property damage arising out of or resulting from his association with COMPANY, but only to the extent such claims are caused in whole or in part by the negligent acts or omissions of the Collaborator .
In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this agreement or as to any claim, monetary or otherwise of one party against the other or as to the Interpretation and effect of any terms and conditions of this agreement, such dispute or difference shall be referred to arbitration of a common Arbitrator if agreed upon or otherwise to two Arbitrators, one to be appointed by each of the parties to this agreement and such Arbitration shall be governed by the State of Delaware, United Sates.
The validity of this agreement and effect or meaning of the terms hereof will be decided according to the law of State of Delaware, United States.
Last updated on 19 February 2019
Quantamix Solutions (the "site", the "website" or the "platform")
When you use the services(“Services”) of Quantamix Solutions Private Limited (also referred to as the “Company” or “Quantamix Solutions” or “us” or “we” in this document), we understand that you are trusting us with your information. We take this trust in us seriously and do everything we can to safeguard your information and give you the control you need to update, manage and delete your personal information if needed.
How and what personal information we collect?
Why do we collect this information and how do we use it?
How do we keep this information safe?
Do we share or sell your information to third parties?
How can you manage and delete your information?
How do we protect information from children of less than 15 years of age?
How do we comply and cooperate with regulators?
If anything in this document requires further clarification or if you have any questions at all, please contact us at firstname.lastname@example.org
What personal information do we collect?
The Services registration forms require you to give us contact information like your name, password email address, home address and telephone number. We use this contact information from the registration form to authenticate you when you use our Services and to send you information about our products and services.
We also collect content generated by you during the use of your Services including direct messages to other users of the service, forum discussions and submissions of responses to solutions you participate in.
Analytics solutions including third party plugins
Google has developed the Google Analytics opt-out browser add-on; if you want to opt out of Google Analytics, you can download and install the add-on for your web browser here.
Cookies: You consent to placement of cookies on your browser by us and our third party service providers.
Why do we collect this information and how do we use it?
We collect your information for the following reasons:
Use our services: To participate in our solutions and to use our services in general, we need to identify who you are and attribute content, including your submissions to solutions, to you.
Provide personalization of services: We use your information to personalize the experience you have with our Services to make it easy for you to use our Services. For example, we remember your login details so that you don’t have to enter all your login details every time you need to access our Services or we personalize your dashboard upon logging in to the solutions you are participating in or are interested in.
Measure and Improve our Services: By monitoring how you use our Services, we can identify areas for improvement of the services which we can incorporate in future releases of the Service.
Communication: We use your information to communicate with you and allow you to communicate with others on the platform.
Protection from fraud and abuse: We may use IP addresses and cookie data to protect against automated abuse. This abuse could take many forms including spamming and various other forms of automated attacks. In response to detection of any abuse, we may disable your account or take other appropriate action. In case, you observe any spam or other automated abuse occurring from our Services, please contact us at email@example.com immediately.
How do we keep the information safe?
We use several physical and technical safeguards to protect your personal information. Having said that, we do not warranty the security of any information you submit to us nor can we guarantee that our security safeguards cannot get breached. You are sharing your personal information with use at your own risk.
Do we share or sell your information to third parties?
Selling personal information: The Company does not sell or rent your personal information collected on this website.
Sharing personal information: We may share your Information with agents, contractors or partners of Quantamix Solutions in connection with services that these individuals or entities perform for, or with, Quantamix Solutions. These agents, contractors or partners are restricted from using this data in any way other than to provide services for the Company, or services for the collaboration in which they and Company are engaged. By submitting a Proposed Solution to a project, for example, we may share your Information with other organizations that are seeking solutions through our platform(“Sponsors”) as part of the project evaluation process, and you consent that we may share your Information with the Sponsors for this purpose, and to award reward money in the event that your Proposed Solution is accepted.
Sharing of sponsored solutions: All intellectual property rights associated with a proposed solution submitted by you for a project shall belong to you until such a time as the solution is accepted by the Sponsor. Collaborator 's intellectual property would be protected by both sponsor and company from unauthorized use or disclosure. In the case that your solution is not accepted by the sponsor, all rights to the proposed solution will continue to belong to you, during or at any time within 15 years of sharing the solution with company and sponsor.
When you use Third Party services, you are using their services and not our Services and they, not we, are responsible for their practices. You should review the applicable third party privacy policies before using such Third Party Services in connection with our Services.
Appearance of third-party content, links to third-party services, and/or apps appear on the Services: The Services may contain content that is supplied by a third party operator, and those third parties may collect Usage Data and your identifiers when such content is served to you. Third Party services may also be available via the Services. We are not responsible for the data collection and privacy practices employed by such third parties or their services and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also associate their Tracking Technologies with you, track you across sites and time, serve you their own advertisements and may or may not have their own published privacy policies.
In addition, when you are on the Services, you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you “click” on a link, the “click” may take you off the Services onto a different site. We encourage you to note when you leave our Services and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
Be sure to review any available privacy policies and notices before submitting any Personal Information to a third party or its services, or otherwise interacting with Third Party services or other locations you link to from our Services, and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.
How can you manage and delete your information?
Updating your information: Once you’re signed in, you can update and edit your information. You can also change notification settings allowing you to decide the kind of automated communication that you receive from our Services.
Deleting your information: You can delete your account, your posts or any other content you generate at any time from our Services. Upon a request for deletion, we take every step needed to remove the information from our systems. This process generally takes up to two months and could take up to six months to completely remove from all our systems. Some data, like project submissions may be retained for longer for meeting financial or legal regulations, ensuring security and the continuity of our services. Certain unforeseen events like outages, bugs, etc may cause delays beyond the timeframes mentioned above. We will do everything necessary to remediate such issues.
Withdraw Your Consent for Cookies at Any Time: If you do not wish to accept cookies in connection with your use of the Services, you will need to delete, and block or disable cookies via your browser settings.
Managing cookie settings: You can prevent the installation of cookies by changing settings on your browser software. Please note that disabling cookies will affect the functionality of the Services and may prevent you from being able to access certain features on the Quantamix Solutions Platform.
How do we protect information from children of less than 13 years of age?
Quantamix Solutions does not knowingly collect information from persons under 13 years of age and no part of our services is directed towards persons of 18 years or less. IF YOU ARE LESS THAN 13 YEARS OF AGE, PLEASE DO NOT ACCESS OUR SERVICES IN ANY MANNER. In fact, the Services provided by us are only directed towards those of age 18 or older. If you are a parent and you believe your child under the age of 13 has registered for our services without your consent, please contact us at firstname.lastname@example.org and request us to delete your child’s personal information from our systems.
How do we comply and cooperate with regulators?
Data Transfer: Your personal information may be stored and processed outside your country. We transfer your data from the European Union to other locations in accordance with the standard contractual clauses we entered into as outlined here.
If your local country or European Union requirements apply to your personal data, you have the right to object to the processing of your information or export your information to another service. Please contact us at email@example.com to exercise these rights.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". Quantamix Solutions MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.
In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this agreement or as to any claim. monetary or otherwise of one party against the other or as to the Interpretation and effect of any terms and conditions of this agreement, such dispute or difference shall be referred to arbitration of a common Arbitrator if agreed upon or otherwise to two Arbitrators, one to be appointed by each of the parties to this agreement and such Arbitration shall be governed by the corresponding local laws.
The validity of this agreement and effect or meaning of the terms hereof will be decided according to the law of state/country concerned.