StreetCrowd User Agreement - HUNGARY
1. Definition of the Terms
Your access to and use of the App is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, Contractors (“you” or “your”) and others who access or use the App.
By accessing or using the App you agree to be bound by these terms. If you refuse any part of the terms then you may not access the App.
It is required to create an account in order to use all features of the App. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service.
You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.
You may not allow anyone else to access your account and you may not sell or transfer your account. You may not use anyone else’s account. You will immediately notify StreetCrowd in writing if you discover any unauthorized use of your account. StreetCrowd has the right to deny access to the StreetCrowd service if your account is terminated due to violations of Terms, instructions (https://www.streetcrowd.com) or due to any other reason. We also reserve our right to remove you from the StreetCrowd service and terminate your account, if your account got approved for StreetCrowd but do not participate in StreetCrowd (not moving any vehicles) within a certain time.
Before you reach $600 through the electronic payment method, you have to provide StreetCrowd your personal information necessary to fill out the 1099 MISC form upon request from StreetCrowd.
In case you fail to provide the information, StreetCrowd will put your account on hold until you forwarded the full information. Personal information will be only used in conjunction with obligation to the IRS.
Ubiq GmbH offers Contractors microjobs related to a shared mobility provider. These microjobs may be accepted and completed by Contractors. Ubiq GmbH uses the StreetCrowdApp, which Contractors can download for their smartphone. This App provides the Contractor with the requirements for the microjob and allows the Contractor to accept and complete jobs.
The StreetCrowd App is showing certain vehicles from the shared mobility provider which should be moved into different zones. The zones are defined by Ubiq GmbH and are shown on the in the StreetCrowd App. The service shows you up to three recommended routes to the closest hot zones. The Contractor can either follow those routes or determine a new route by selecting a place within the borders of a hot zone. StreetCrowd cannot guarantee that there is a valid parking spot available at the end of the suggested routes. StreetCrowd is not liable for any costs associated with tickets or tows which resulted from the Contractor ending a trip in an invalid parking spot. Once the vehicle was moved successfully to a hot zone and meets the StreetCrowd payment criteria (https://www.streetcrowd.com), the Contractor will get paid.
If the Contractor uses their personal shared mobility service account to rent a vehicle that is located within a Hot Zone within 3 hours of their last StreetCrowd move, the Contractor’s StreetCrowd account will be put on hold or terminated. The Contractor is not allowed to use their personal shared mobility account to drive to eligible vehicles within 3 hours of making a StreetCrowd move.
a. General Information
Accepting the terms and conditions does not oblige you to take over or carry out microjobs. If you do not want to continue to take over or carry out StreetCrowd microjobs, please stop using the StreetCrowd service.
The Contractor has to provide the following information to Ubiq GmbH:
- personal email address
- shared mobility provider account email address
- electronic payment email address for compensation
- City of residence
- Full name
- Personal information necessary to fill out the 1099 MISC
StreetCrowd may use your first name for promotional purposes such as announcing positive achievements of the Contractor on StreetCrowd’s social media platforms, email, website or App.
The vehicle access mechanism (PIN, App, card, or similar) provided by the shared mobility provider and StreetCrowdmust be kept confidential by the Contractor and shall not be disclosed to third parties.
With the information we get from the Contractor, a new shared mobility provider account (“StreetCrowd shared mobility provider”, “no-charge account”) will be created. This account will be hosted and provided by the shared mobility provider. With this account, the Contractor is allowed to move eligible shared mobility provider vehicles only for the purpose of a StreetCrowd service. Any other use of the StreetCrowd shared mobility provider account besides the purpose of moving vehicles for the StreetCrowd service, constitutes a violation of the Terms and Conditions and will result in the Contractor being terminated immediately from the StreetCrowd service. Any loss of compensation will not be covered in this case.
While moving vehicles for StreetCrowd the Contractor is subject to the shared mobility provider member agreement. While driving shared mobility provider vehicles the Contractor is subject to the shared mobility provider member agreement, and is solely responsible for any and all applicable fees, fines, tickets, citations, and violations (including parking, speeding or criminal offenses) and any resulting or related fines, fees, expenses, penalties or other amounts due, incurred in connection with a Drive.
By agreeing to StreetCrowd’s Terms and Conditions you automatically agree to share your shared mobility provider account status and information with us. This includes your driving history which we use to verify your completed moves for StreetCrowd, your compliance with these Terms, and to ensure the service of StreetCrowd.
When joining StreetCrowd you commit yourself to keep your shared mobility provider account drive-ready. Any actions which put your shared mobility provider account in a not drive-ready state automatically result in the immediate deactivation of the StreetCrowd account, until your personal shared mobility provider account is drive-ready again. We can also deny you access or terminate your account if your driving behavior on your personal shared mobility account violates the shared mobility provider member agreement.
Upon submission of the shared mobility provider account email address by the Contractor to StreetCrowd and after confirmation the account is drive-ready, the Contractor’s account is activated for the StreetCrowd service. StreetCrowd will inform the Contractor about the successful activation via email.
Upon receiving the activation email and the StreetCrowd shared mobility provider vehicle access mechanism (PIN, App, card, or similar) via mail or by office pickup, the Contractor can accept open microjobs through the StreetCrowd App. The microjobs can be found on the main view after sign in has been finished. If the Contractor selects a vehicle, he will see more details for the job and can then be redirected to the vehicle to start the microjob. It is solely the responsibility of the Contractor to get to the desired vehicle and start the microjob.
Each microjob the Contractor finishes will be checked for quality and compliance with the Terms and Conditions and city specific instructions published on StreetCrowd website (https://www.streetcrowd.com). The Contractor will get paid for every finished microjob approved after this quality process. Compensation structure for the StreetCrowd service will be explained on StreetCrowd’s website (https://www.streetcrowd.com) and is accessible for everyone all the time.
The Contractor affirms that the submitted work and data is not violating third party rights. This particularly includes, but is not limited to the violation of copy- and/or trademark/brand-name rights, as well as intellectual rights. The Contractor shall bear the cost for potential legal actions.
Upon transferring his/her work/data to StreetCrowd, the Contractor transfers the exclusive spatial, timely and contextually unrestricted servitude and processing right to the extent it is legally possible and authorized to Ubiq GmbH.
b. Promotional Codes
StreetCrowd may, in its sole discretion, create or share promotional codes ("Promo Codes") that may be redeemed for discounts on future services and/or a Third Party Provider services. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by StreetCrowd; (iii) may be disabled by StreetCrowd at any time for any reason without liability to StreetCrowd; (iv) may only be used pursuant to the specific terms that StreetCrowd establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. StreetCrowd reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other Contractor in the event that StreetCrowd determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of StreetCrowd's Terms.
c. Network Access and Devices
For fulfilling the microjobs the Contractor has to provide a smartphone where the StreetCrowd App is installed. You are responsible for obtaining the data network access necessary to use the services. Your mobile network data and messaging rates and fees may apply if you access or use the services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and Applications and any updates thereto. StreetCrowd does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Only moves completed with the StreetCrowd shared mobility provider vehicle access mechanism (PIN, App, card, or similar) are eligible for an assessment.
After assessment of the submitted data by Ubiq Gmbh, the Contractor is informed about the result via email ( number of approved submissions etc.). The compensation is contingent on the requirements set in the job description. The Contractor has to provide a valid electronic payment email address to Ubiq GmbH upon request or, if explicitly asked by the Contractor and agreed with StreetCrowd in a written conversation, the Contractor can receive the full compensation in Promotional Codes only and thus can abstain from providing his valid electronic payment email address during the registration process.
If a wrong or invalid electronic payment email address communicated to StreetCrowd results in payment to a wrong or invalid account (unless the Contractor explicitly abstained in a written form via email from having his compensation sent to this electronic payment address), there will be no renewed payout.
6. Communication with the Contractor
Mobile communication: We will send you push notifications. Standard communication will take place within the StreetCrowd service.
7. Third-Party Content
Our App may contain links to third-party web sites or Apps that are not owned or controlled by StreetCrowd. StreetCrowd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that StreetCrowd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services except as expressly permitted by StreetCrowd; (iii) decompile, reverse engineer or disassemble the services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; or (vi) attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, without limitation.
All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply discontinue using the App.
10. Governing Law
These terms shall be governed and construed in accordance with the laws of Austria without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will try to provide at least 7 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the StreetCrowd service.
12. Guarantee and Liability Limitation
We accept no responsibility of liability for the proper operation of your mobile phone.
There is no guarantee for the correctness of the displayed information in the StreetCrowd service or the App’s general functionality.
In particular, there is no guarantee for the correct display of position of a shared mobility provider vehicle r nor that the shared mobility provider vehicle r is going to remain on the position while a Contractor is on the way to carry out the microjob, even if the StreetCrowd service is fully functional. Furthermore, there is no guarantee for the availability of free parking spaces when arriving in the desired zone. The Contractor is liable for any costs associated with damages, tickets or towings which are a result of moving vehicles for StreetCrowd.
StreetCrowd has no liability for indirect, punitive, consequential or incidental damages arising out of or related to the use of the service and even if notified of if therefore, that such damages may arise. StreetCrowd has no liability of your use of the services or the fact that you cannot access or use shared mobility provider's services.
StreetCrowd will not be liable for loss of performance or loss of service nor does StreetCrowd guarantee the quality, suitability, safety, service and capacity of third party providers. StreetCrowd is not liable for any outages, technical issues, or any unforeseen events which are beyond the control of StreetCrowd or any third party providers.
13. Disclaimer of Defects
StreetCrowd uses reasonable efforts to maintain the technology platform, but StreetCrowd is not responsible for any defects or failures associated with the technology platform, any part thereof, any content posted using the App , or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The App may be inaccessible or inoperable for any reason, including without limitation: (A) Equipment malfunctions; (B) periodic maintenance procedures or repairs which StreetCrowd may undertake from time to time; or (C) causes beyond the control of StreetCrowd or which are not foreseeable by StreetCrowd.
14. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Ubiq GmbH, Treustrasse 22-24
15. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
Mag. Christian Adelsberger
Ubiq GmbH, Treustrasse 22-24
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection