Terms of service

QualiTalk Academy Terms of Service

Qualitalk Ltd. (“QualiTalk“, “us“, “our“, or “we“) is the creator and owner of a platform that enables users to create and receive payment for video recordings, available to you through this website (“Site“). These Terms of Service (“Terms“) govern your access to and use of the Site and any services available thereon (“Services“). Our Privacy Notice, available at https://wordpress-542952-1738365.cloudwaysapps.com/privacy-policy/ (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the Services.

Please read these Terms carefully. By clicking on the button marked “I agree” you signify your assent to these Terms. Changes may be made to these Terms from time to time. Your continued use of the Site following any update shall be deemed acceptance of any such amended or updated terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use the Services.

Use of Services

Subject to these Terms, QualiTalk allows you to access and use the Site and Services on a non-exclusive basis as a “Micro-Actor“. As a Micro-Actor, subject to the terms and conditions hereof, you may accept and perform various video recordings tasks published on the Site (“Tasks“). In the event you accept a Task, you will be requested to record and submit the requested video recording of yourself through the Site and/or Services (“Recording”). Each Recording shall be reviewed by and subject to the approval of QualiTalk (each such approved Recording, an “Approved Recording“). If your Recording is not approved, you may resubmit the requested Recording for the applicable Task, subject to the terms hereof.

 

Subject to applicable law, QualiTalk may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.

 

Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; (e) you will perform any Tasks you accept in a competent and workmanlike manner in accordance with any applicable instructions, specifications, guidelines or other information published on the Site or otherwise provided to you by QualiTalk (“Task Requirements“); (f) you will supply complete and accurate information in connection with all Tasks you perform;  (g) QualiTalk may reject any Recording you submit which we determine in our sole discretion is in violation of the terms hereof, including failure to comply with any applicable Task Requirements; (h) you will not submit or upload any Recording containing any image or video recording of any third-party, or otherwise provide QualiTalk any Personal Data relating to any third-party; (i) you acknowledge that you have provided us with your explicit consent, as may be required under applicable law, for the collection, processing and transfer of any special categories of data (as such term is defined in Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/ec (General Data Protection Regulation), such as your race or ethnic origin, including any such data contained in any Recording, in accordance with our Privacy Notice; and (j) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Site and/or Services, including, without limitation, in connection with any Tasks you perform hereunder.

 

Account Registration

In order to use the Services, you will need to have a registered account. To complete the registration process, you must provide all (additional) registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.

                                                                                                             

QualiTalk may refuse to open an account for any individual at its sole discretion.

 

You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, QualiTalk will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold QualiTalk harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at [email protected] that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

 

Termination of Account

 

You agree that QualiTalk may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of QualiTalk, or (v) submission of five (5) or more consecutive Recordings which are rejected by QualiTalk in accordance with the terms hereof. If your account is terminated, you may not rejoin QualiTalk again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.

 

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

 

You may request termination of your QualiTalk account at any time and for any reason by sending an email to [email protected] Following such request, QualiTalk shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

 

Fees and Payment

 

Subject to the terms and conditions hereof, QualiTalk shall make payment to you of the applicable fee specified on the Site in respect of each Task for which you submit an Approved Recording (“Fees“). For the avoidance of doubt, you shall not be entitled to any Fees in respect of a Task for which you have previously submitted an Approved Recording.

 

Notwithstanding the foregoing, in the event you have registered to the beta version of the Site and/or Services (“Beta Version“), you hereby waive the payment of any Fees in respect of any Approved Recording submitted by you thereon. For the avoidance of doubt, you shall not be entitled to any payment or consideration of any kind in respect of your use of the Beta Version and and/or any Task completed or Approved Recording submitted thereon.

 

All Fees include any and all VAT and/or taxes payable in respect of such amounts and shall be made on a monthly basis through the bank account or other payment method provided by you upon registration or as updated by you on the Site. If you elect to receive payment through a third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s Personal Data collection practices. Please review such third-party’s applicable terms and conditions and privacy policies before using such services.  

 

Payment shall be made in such currency selected by you on the Site. Please note that Qualitalk may impose or deduct foreign currency processing costs on or from any payments or payouts by Qualitalk in certain currencies. You shall be solely liable for any and all tax implications and obligations in connection with any Fees. It is your responsibility to deduct and make payment of any applicable taxes in connection with your receipt of any Fees hereunder. QualiTalk does not accept any responsibility for the calculation or collection of any applicable taxes in connection with the Fees.  

 

Content

 

Certain types of content may be made available through the Services. “Content” as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, text, and any modifications or derivatives of the foregoing. QualiTalk allows you to upload and submit Recordings containing videos of yourself performing Tasks on or through the Services, referred to herein as “User Content“.

 

QUALITALK DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. QUALITALK DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

User Content Restrictions

 

QualiTalk has no obligation to accept or maintain any User Content. Moreover, QualiTalk reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content you upload to the Services. You represent and warrant that any User Content you upload (i) complies with applicable law and any applicable Task Requirements; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights; and (iii) that you have all necessary rights and authorities to submit such User Content.

 

Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts of inhibits use of the Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (3) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

 

QualiTalk may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means.

 

Content on the Platform comes from a variety of sources. You understand that QualiTalk is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content (including but not limited to the User Content). You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

 

Use Restrictions

 

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site or Services without our prior written authorization, including framing or mirroring any part of the Site or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Site or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (5) use or access another user’s account or password without permission; (6) use the Site or Services or content thereon in any manner not permitted by these Terms.

 

Intellectual Property

 

QualiTalk or its licensors, as the case may be, have all right, title and interest in the Site, Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Site or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of QualiTalk or any third party. If you provide the QualiTalk with any feedback regarding any content on the Site and/or Services, QualiTalk may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

 

By submitting any User Content, including any Recordings, you hereby (i) assign all right, title and interest in such User Content and all intellectual property rights therein to QualiTalk; and (ii) waive all moral rights therein.

 

Disclaimers and Disclaimer of Warranty

 

All information and content posted on the Site is for informational purposes only and QualiTalk provides no guarantees with respect thereto. Your use of the Site and/or Services is at your sole discretion and risk. The Services, Content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the Services will be of good quality or useful for your needs.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; OR (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES.

 

No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

Please note that the Services being provided as part of the Beta Version have not been fully implemented or refined. As with any beta version, the Beta Version currently constitute a work in progress and as such, there may be unresolved issues. Unless you are comfortable using beta software and understand the implications thereof, please do not to use Beta Version.

 

Limitation of Liability

 

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person’s mobile device or computer, resulting from use of the Software, Services, from any Content, or from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to QualiTalk, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

 

IN NO EVENT SHALL QUALITALK, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT QUALITALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE RECEIVED FROM US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT RECEIVED ANY PAYMENTS FROM QUALITALK, THEN QUALITALK SHALL NOT HAVE ANY LIABILITY TOWARD YOU.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless QualiTalk and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use  of (or inability to use) Site or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.

 

Independent Contractor

 

Any Tasks you perform are solely in your capacity as an independent contractor. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and QualiTalk or enables you to act on behalf of QualiTalk. Except as set forth herein, QualiTalk shall not be required to make any payment to you, including payments related to social benefits, severance, vacation days, illness, overtime hours, or any other payment and shall not bear any liability and/or duty towards you except as expressly set forth herein.

 

You hereby represent that you have expressly elected to perform the Tasks in the capacity of an independent contractor and hereby undertake to indemnify, defend, and hold harmless QualiTalk, its officers, agents, employees, representatives, successors and assigns against any and all claim, liability, loss and expense, including reasonable attorney’s fees, arising from any suit, cause of action, demand or claim brought by any person or entity for tax liability, wages, premiums, contributions, social insurance payments, pension payments, health insurance and any other such payments resulting from any payment made by QualiTalk to you hereunder.

 

Miscellaneous

 

These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against QualiTalk must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

 

Last updated: March 2020.