Terms & Conditions
Please Read This Carefully! You and ENNOMOTIVE are agreeing to a Solver Agreement. It is required that you accept these terms and conditions.
If you click “I agree”, there shall be a valid and binding agreement between you and Ennomotive.
Ennomotive provides opportunities for solvers to participate in different types of crowdsourcing Tournaments.
2.- SOLVER POLICIES
You have obtained the consent of your employer and any company or organization for which you work or provide services in any way. It is your responsibility to determine whether you are permitted to join Ennomotive.
Ennomotive, in its sole discretion, shall determine your eligibility in order to be a solver in the Challenge.
At all times during your participation in the Tournament, you agree to act in good faith, in a professional and workmanlike manner, to the best of your ability, and in accordance with these Terms & Conditions and Spanish law.
You must decline to participate as a solver if you are in any way unsure about your ability to comply with these Terms & Conditions.
You must also decline, or discontinue participation in any Tournament or platform activity that presents a conflict of interest or would result in a violation of applicable law, these terms & conditions, or your obligations to past or present employers or other third parties.
From time to time, Ennomotive shall inform you of additional rules that you are required to observe and specific topics that you are not permitted to discuss. You agree to observe these rules.
You shall not accept any compensation or payment other than that provided by Ennomotive for your work performed for the Tournament without first obtaining the express written consent of the Client and Ennomotive.
Ennomotive reserves the right to expel any Solver for the inappropriate use of the platform, forbidding such Solver to participate in future events.
Any comment not related with the challenge shall be considered as inappropriate, as well as any comment that may be damaging or offensive in any way to the Client, Ennomotive, Solvers or any other participant in the challenge. The publication of pornographic material, xenophobic, sexist or homophobic comments, as well as an apology for violence or terrorism, or any links directing to such material or content, shall also be considered inappropriate.
3.- SOLVER INFORMATION
You agree to provide Ennomotive, if requested, with accurate and complete biographical information, including your current job status and at least two years of employment history, and to promptly update that information as it changes. Ennomotive may verify information provided by, or about, you.
Ennomotive or its Clients may ask you or third parties for further information about yourself.
The SOLVER declares that all the information provided to ENNOMOTIVE and the CLIENT is true.
4.- ASSIGNMENT, ACCEPTANCE & SCOPE OF TOURNAMENTS
4.01.- Proposed Solutions
As a Solver you shall provide Ennomotive your Proposed Solution. You hereby agree to provide reasonable assistance and additional information concerning your Proposed Solution, if requested.
Your entire Proposed Solution is an original work by you and you have not included any third-party content unless said party have granted you permission to use that content, in which case you shall provide Ennomotive any permit, license or document that proves you are entitled to use such content.
You state that you have not ceded the intellectual property of your Proposed Solution to any other person or Company.
4.02.- Acceptance of Proposed Solution
Ennomotive shall notify you whether your Proposed Solution has been selected by Client for an Award.
The Client has absolute and sole discretion to determine whether to accept your Proposed Solution or any other, and whether to give an Award, multiple Awards or any Award.
5.- CONTENT CREATED FOR CLIENT(S)
You understand, recognize and accept that the Client has access to, may create or has created materials and ideas which may be similar or identical to the Proposed Solution in concept, theme, idea, format or other respects. You acknowledge and agree that the Client shall have the right to use such same or similar materials, and that you shall not be entitled to any compensation arising from the Client’s use of such materials. In the event that your entry is identical or similar to the Proposed Solution of another Solver, the Client reserves the right, at the sole discretion of the Client, to either score one Proposed Solution higher than the other subject to the Challenge Statement guidelines or to randomly choose a Proposed Solution from all of those submitted which respond to the Challenge guidelines.
By entering, you agree that: (i) all Proposed Solutions which get awarded become the Client’s property and shall not be returned; (ii) the Client have the unlimited right to alter and/or edit the Proposed Solution or any part or element thereof; and (iii) the Client and its licensees, successors and assigns have the right to use any and all Awarded Proposed Solutions.
6.- CONFIDENTIALITY OF ENNOMOTIVE AND CLIENT INFORMATION
During and after the course of your participation in the challenge or Tournament, you SHALL NOT disclose confidential information, which includes:
Material, nonpublic information about any company; Information that is proprietary to past or present employers, or companies for whom you have consulted; Information that you have a duty or have agreed to keep confidential. Proprietary information, including trade secrets, not owned solely by you. All attached information to the challenge, only visible by whoever has accepted participating in it.
7.- PAYMENT TO SOLVERS
You must request payment of the award of the Tournament within 30 days of Tournament acceptance unless otherwise agreed in writing by Ennomotive or as specified in the Tournament.
You agree that in the event of any such payment dispute, Ennomotive has the sole and final authority to resolve such dispute in Ennomotive’s reasonable discretion.
You further understand and agree that you have no right to payment for any unaccepted Proposed Solution by the client.
You shall receive your payments by transfer from Ennomotive For that matter, you agree to provide Ennomotive with your payment details, including your IBAN or SWIFT bank account number and the complete name of its holder.
You agree that you are responsible for paying any applicable taxes in your jurisdiction on payments you receive from Ennomotive.
Ennomotive shall deduct any taxes established by Spanish laws with complete compliance of the Conventions signed with every foreign country.
8.- LIMITATION ON LIABILITY
In no event shall Ennomotive be liable to you or any other party for any damages resulting from or relating to your participation as a Solver, including without limitation for any incidental, consequential, punitive or special damages.
Ennomotive agrees that for its part it shall not seek to impose any liability for damages based on his or her performance of services hereunder as a Solver, including without limitation for any incidental, consequential, punitive or special damages, so long as such damages do not relate to or arise out of the failure of these Terms & Conditions. You are solely responsible for your actions. Ennomotive shall have no obligation to defend you, provide you with legal counsel, or pay legal costs and expenses on your behalf.
If requested, you agree to contract a civil responsibility insurance, providing a copy to Ennomotive.
All information provided by you regarding yourself and, if applicable, your Solver Information is true, accurate, current, and complete information and you shall maintain and update the Solver Information.
If you are an individual representing a company or other entity, you are authorized to enter into this Agreement on behalf of that business or entity. If requested, you shall provide Ennomotive with proof of such representation.
Unless otherwise disclosed in the Proposed Solution, you are the owner of the Proposed Solution and the Proposed Solution does not infringe or violate any patent, copyright, trade secret, trademark or other third-party intellectual property right.
All people engaged by you to work on the Proposed Solution or who appear in the Proposed Solution in any manner have:
given you their express written consent to submit the Proposed Solution for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity; provided written permission to include their name, image or pictures in or with your Proposed Solution (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by Client to provide permission in writing; no claims for payment of any kind, including, without limitation, for royalties or residuals, have no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Proposed Solution.
10.- DATA POLICY
You agree that Ennomotive may collect and retain information about you, and contact you by email, telephone, or otherwise, to process and administer details of your participation.
You agree that Ennomotive may disclose your information to Clients and non-Client third parties for the purpose of promoting Ennomotive’s business.
Both the solver and Ennomotive are responsible for the security of their own files and, as such, they shall fulfill and apply all security measures contemplated in the Personal Data Protection regulation.
Your information may be transferred to computers located outside of your country, outside the European Union.
Any dispute, controversy or claim from or relates to these Terms & Conditions, shall be exclusively and finally determined by a single-arbiter arbitration under the rules of the European Arbitration Association (Asociación Europea de Arbitraje).
The language to be used in the arbitral proceeding will be Spanish, and it shall be located in Madrid-Spain.
12.- GOVERNING LAW
These Terms & Conditions, as well as any claims arising from or related thereto, whether in tort, contract or otherwise, are governed by Spanish Law.
Subject to your obligation to complete Tournaments for which you are engaged, you have the right to withdraw from the Ennomotive web platform at any time upon notice to Ennomotive, and Ennomotive has the unlimited right to terminate or limit your membership in the Ennomotive web platform at any time and for any reason.
14.- CONTACT BETWEEN THE CLIENT AND SOLVERS
There shall be no contact whatsoever, by any means of communication, between the Client and Solvers without the complete knowledge, authorization, and presence of Ennomotive, who reserves the right to take any legal action necessary in the event of such contact.
Please carefully review the following basic rules that govern your use of the community forum. Please note that your use of the Forum constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. Ennomotive reserves the right to update or modify these Terms and Conditions at any time without prior notice to User. Permitted and Prohibited Uses
You may use the Forum for the sole purpose of exchanging ideas with other Users. You may not use the Forum to violate any applicable local, state, national, or international law. You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Forum any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You are strictly prohibited from communicating on or through the Forum any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You also are expressly prohibited from distributing Users personal information to third-party parties for marketing purposes. Ennomotive reserves the right to report the abuse of Users personal information to the appropriate law enforcement and government authorities, and Ennomotive will fully cooperate with any authorities investigating violations of these laws. Termination
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Forum. If you are dissatisfied with the Forum, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Forum. Ennomotive reserves the right to terminate or suspend your access to and use of the Forum, without notice. Warranty disclaimer
You understand and agree that any content downloaded or otherwise obtained through the use of the Forum is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption. Ennomotive shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the Forum. Your participation in the Forum is solely at your own risk. General
Any dispute, controversy or claim from or relates to these Terms & Conditions, shall be exclusively and finally determined by a single-arbiter arbitration under the rules of the European Arbitration Association (Asociación Europea de Arbitraje). The language to be used in the arbitral proceeding will be Spanish, and it shall be located in Madrid-Spain. These Terms & Conditions, as well as any claims arising from or related thereto, whether in tort, contract or otherwise, are governed by Spanish Law.