Collaborators - Terms of use

Version 1.00

By using EKITER's services as a Collaborator, you expressly acknowledge that you have read, understood, accepted and taken the steps to consider the consequences of this agreement, that you agree to comply with it and that you have the legal capacity to accept it.

INTRODUCTION

In EKITER we understand as collaborators those individuals, of legal age, who can participate in an entrepreneurial project by contributing their knowledge and skills externally to the project and receive rewards or be paid with money for their contributions.

To be a Collaborator in EKITER it is necessary to register in the Platform, fill in and validate the data requested in the corresponding form and a profile where the skills to participate in entrepreneurial projects are described.

When a Contributor registers, they accept the Terms of Use of the Platform and these Colaborators Terms of Use. EKITER may modify and update both the Terms of Use of the Platform and these Terms of Use of Collaborators without prior notice and will not have any responsibility if errors occur because of it.

This website is a place where entrepreneurs and Collaborators offer and agree on services to participate online in the development of early stage entrepreneurial projects. An Entrepreneur and a Collaborator can make a contractual agreement by communicating through the forums that the Platform makes available. However, EKITER Platform is not part of any contractual agreement between the Entrepreneur and the Collaborator but simply a facilitator of communications between the parties.

EKITER offers services to Entrepreneurs and Collaborators, including hosting and maintenance of the website, and allows the conclusion of agreements between an Entrepreneur and a Collaborator who use EKITER's website to contact and commit. EKITER does not provide collaboration services by itself. The provision of these services depends on the Collaborators.

EKITER, through the Platform, offers information and a method to obtain these mentoring services, but does not provide or intend to provide such services and therefore has no responsibility for them. EKITER is not affiliated, supported or sponsored by any supplier or external collaborator.

ELIGIBILITY

  1. No user can use the services of EKITER as a Collaborator if:
  2. It cannot be part of legally binding contracts;
  3. He's under 18;
  4. He’s a person who is legally incapable of providing services under the laws of Spain or any other applicable jurisdiction;
  5. He’s suspended as a Collaborator to operate the EKITER website; or
  6. It does not provide verifiable and valid personal data, such as address, email address, etc.

The Collaborator as a user of the Platform is responsible for the veracity of the data entered in the

Platform registration process.

OPERATION

An entrepreneurial team can search on the Platform and free of charge for the collaborators they need or make an offer of a Collaborator profile on the Platform, specifying the conditions of the same, both the requirements of the Collaborator and the description of the task to be carried out and the offer in euros or in points. This offer will be open on the Platform for a period of 20 days.

Candidates may submit their applications by contacting the entrepreneurial team directly or through the Platform to negotiate the conditions.

The Entrepreneur will pay directly to the Collaborator for the task performed as agreed by both parties. In the event of a conflict, EKITER can act as a mediator if both parties request it and accept EKITER's budget to do so.

AGREEMENT BETWEEN ENTREPRENEUR AND COLLABORATOR.

When the Entrepreneur contract a project with a Collaborator and the latter accepts it through the Platform, it will be considered that the Entrepreneur and the Collaborator have concluded an agreement that we call Contract between Users, by virtue of which the Entrepreneur accepts to contract his services and the Collaborator accepts to carry out the collaboration services. The Entrepreneur and the Contributor may signed an additional contract between them apart from the binding agreement which means accepting these Terms of Use for Contributors, but in no case may such contract be in contradiction with these Terms.

As a Collaborator, if you fail to comply with any obligation to the Entrepreneur, or cause damage to the Entrepreneur, his property or his rights, the Entrepreneur is solely responsible for exercising any rights he may have. To avoid any doubt, EKITER has no responsibility for any damage caused by a Collaborator.

Depending on their jurisdiction, users may have rights under legal safeguards that cannot be legally excluded. Nothing in these Terms is intended to override any rights that cannot be excluded under applicable law.

The Collaborator accepts that the relationship with the Entrepreneur is that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between users of the Platform. None of the provisions of these Terms shall be construed as constituting a joint venture, partnership or employer-employee relationship between EKITER and any of its users.

By using EKITER's Platform, the Collaborator agrees to release EKITER from any responsibility or damage that may arise from the services provided as a Collaborator to an Entrepreneur. EKITER is not responsible for the conduct, whether online or offline, of any user, and will not be liable for any claim, injury or damage arising in connection with the Collaborative service.

DELIVERY OF INFORMATION TO THE COLLABORATOR

The Entrepreneur grants the Collaborator a limited, non-exclusive, revocable right (at any time in the sole discretion of the Entrepreneur) to use the deliveries of information to the Collaborator as necessary for the provision of the services. The Entrepreneur reserves all intellectual property rights, with respect to the information delivered to the Contributor and that which the Contributor has generated for the project.

Once the collaboration or the termination of the service agreement has taken place, or upon written request by the Entrepreneur, the Collaborator shall immediately return to the Entrepreneur all the information related to the development entrusted to the Collaborator. Likewise, the Collaborator undertakes to delete all the copies of the information given by the Entrepreneur. The Collaborator undertakes to deliver a signed document of the return and deletion of all the information related to the services performed within ten days after receiving the written request for certification from the Entrepreneur.

EKITER'S PLATFORM FEES

Registration on the Platform is free for Collaborators. During the beta period of the Platform, EKITER's services are also free for Collaborators.

REWARDS FOR COLLABORATION

The tasks carried out by the Collaborator may be paid by the Entrepreneur in cash, although they may also be satisfied in the form of points/tokens which will mean a participation in the project or also in a mixed formula. These rewards will be carried out according to the agreements established between the Entrepreneur and the Collaborator.

In the event that the Collaborator is rewarded with a participation in the project, they will become a Backer of the project. In this case the Collaborator must read and accept the Terms and Conditions for Backers and sign the Participant Agreement. These points can be put on sale in EKITER's exchange forum (currently in development).

EKITER in no case be liable for non-payment or delay in payment by the Entrepreneur to the Collaborator.

CONDITIONS AS A COLLABORATOR REGARDING THE PLATFORM

As a Collaborator, you acknowledge and agree that:

  1. We act only as a forum for the distribution and online publication of the content of the Entrepreneur and do not guarantee that the content of the Entrepreneur will be available on the Platform in due time. We have the right (but not the obligation) to take any action we deem appropriate with respect to the content of the Entrepreneur.
  2. We have no responsibility or liability for the accidental removal or failure to store any content that is actually available on the website; and
  3. All content submitted to the website is subject to our approval. We may reject, approve or modify the content of the entrepreneur at our sole discretion.

You as a Contributor represent and warrant that:

  1. It shall not infringe or misappropriate any copyright, patent, trademark, trade secret or other intellectual property right or property right or right of publicity or privacy of any person;
  2. It will not violate any law or regulation;
  3. It will not be defamatory or slanderous;
  4. It will not be obscene or publish child pornography;
  5. It shall not contain the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons;
  6. It will not contain material related to terrorist activities;
  7. It shall not include incomplete, false or inaccurate information about the Entrepreneur or any other person; and
  8. You will not introduce viruses or other programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.

INFORMATION DISPLAYED ON THE PLATFORM

The information on the website may contain general information about legal, financial, health and other issues. This information should not be accepted as a substitute for professional advice. If you have specific questions about any matter, you should consult your professional advisor.

We provide unsupervised access to third-party content, including user comments and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no responsibility for the third-party content on their website, whether it infringes copyright or other intellectual property laws, defamation, privacy, obscenity or the violation of any other legal aspect.

COLLABORATOR COMMUNICATION WITH THE ENTREPRENEUR

The communication between Collaborator and Entrepreneur can be done directly and freely or through the communication channels and forums provided by the Platform.

PRIVACY

The use of your personal information is done as described in the Privacy Policy of EKITER. If you do not agree to your information being transferred or used in this way, you should not use our services. For the avoidance of doubt, your name and personal data will be used for identity purposes in the normal course of operation of the Platform.

LIABILITY EXCLUSIONS

The products and services offered through EKITER's Platform, are given in the state in which they are. The use of EKITER's services by the Collaborator is at their own risk. EKITER's services are offered without any kind of warranty, either express or implied, including, but not limited to, no guarantee that the content is accurate or correct, that the services will be available at all times and without interruption or safely. Defects or errors will be corrected as soon as possible and while every effort will be made to avoid them, they cannot be guaranteed to be totally free of viruses or other harmful components. The Collaborator agrees that EKITER will not be responsible for its actions or omissions or the actions or omissions of any other Entrepreneur or Collaborator.

COMPLETENESS OF TERMS

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The failure of EKITER to exercise any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.

NO WAIVER

The omission of an action for the violation by the Collaborator of some of the points set out in this document does not imply a waiver of EKITER to exercise the right to act with respect to subsequent violations or similar. Nothing in this section shall exclude or restrict the liability of the Collaborator arising from fraud or fraudulent misrepresentation.

COMMUNICATIONS

As a Collaborator you agree to receive notices and information regarding the Platform and Services by means of electronic communication. You can withdraw this consent at any time, but then EKITER could not contact the user. In that case, there could be undesirable situations and to avoid them EKITER could choose to suspend or close your account.

ADDITIONAL TERMS

It is important to read and understand all our policies, as they provide the rules for operating in EKITER's website. In addition, specific rules may apply, and it is your responsibility to consult our documents published on the Platform to ensure that you comply with our policies, including those referring to the general operation of the Platform which include, among others:

  1. Privacy Policy
  2. Operating Conditions
  3. Terms of use

Each of these policies can be updated and changes take effect when posted on the web.

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