Terms of Service
These Terms of Service ("Terms") constitute a binding agreement between you ("Collector", "you") and Visym Inc. ("Visym", "we", "us", "our") governing your access to and use of the Visym Collector mobile application, the collector dashboard at collector.visym.com, and the collection campaigns in which you participate (collectively, the "Platform").
By creating an account on the Platform, you accept and agree to be bound by these Terms. If you do not agree to these Terms, do not create an account and do not submit data to us.
Contents
1. Formation of the Agreement
The summaries are provided for convenience only; the numbered clauses are the operative terms.You agree to these Terms when you create your account, and you take part as an independent contractor rather than as an employee.
1.1 Acceptance. By creating an account on the Platform you accept these Terms, and these Terms apply to each Submission you make thereafter. Each Submission constitutes a further acceptance of the version of these Terms in force at the time that Submission is made.
1.2 Supplementary documents. These Terms operate together with the invitation and onboarding correspondence issued for your campaign and the collection descriptions displayed in the application. In the event of conflict, these Terms govern with respect to rights in Submissions, and the campaign correspondence governs with respect to the applicable rate and payment schedule.
1.3 Registration. You must register using the email address to which your invitation was issued, and you must maintain the accuracy of your account information.
1.4 Account security. You are responsible for maintaining the confidentiality of your credentials and for all activity conducted under your account. You may not register or maintain more than one account, and you may not permit any other person to submit data under your account.
1.5 Closure. You may close your account at any time by written notice to collector@visym.com.
1.6 Independent contractor status. You participate in collection campaigns as an independent contractor. These Terms do not create an employment relationship, partnership, agency or joint venture between you and Visym. Accordingly: you determine whether, when and where to collect, and no minimum volume of Submissions and no working hours are prescribed; you supply your own device and internet connection and bear your own costs of performance; you are solely responsible for all taxes, social contributions and any registration or licence required in your jurisdiction, and Visym does not withhold tax on your behalf; and you are not entitled to employee benefits, insurance, paid leave or severance from Visym.
1.7 No exclusivity. Neither party owes the other exclusivity. You may provide the same or similar services to any other person, and Visym may engage any number of other collectors, including in your locality.
1.8 No authority to bind. You may not hold yourself out as an employee, agent or representative of Visym, and you may not incur any obligation on Visym's behalf.
2. Submissions and Intellectual Property
The summaries are provided for convenience only; the numbered clauses are the operative terms.You keep ownership of every video, audio recording and item of metadata you upload, and you give us permission to use them to build visual AI datasets, including datasets we release publicly.
2.1 Submissions defined. "Submission" means all data transmitted by you to Visym through the Platform in connection with a collection, comprising: (a) the video and any accompanying audio; (b) the annotations you create, including object bounding boxes, object and activity labels, attributes and activity start and end times; (c) the metadata recorded in connection with the video, including GPS coordinates, inertial and motion data, timestamps, codec information and camera intrinsics; and (d) the records generated by the in-application consent procedure.
2.2 Retention of ownership. You retain all right, title and interest, including copyright, in all videos, audio and metadata you upload. Nothing in these Terms operates as an assignment or transfer of ownership of any Submission to Visym.
2.3 No restriction on your own use. Because the license granted in Section 2.4 is non-exclusive, you remain free to use, reproduce, publish, license or sell your own Submissions, including to third parties and including for commercial purposes.
2.4 Grant of license. You retain the rights to all videos, audio and metadata you upload, and you grant to Visym a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, transferable and sublicensable license to use such Submissions for visual AI dataset curation.
2.5 Scope. For the purposes of Section 2.4, use for visual AI dataset curation includes the right to:
- host, store, back up, reproduce and transmit the Submission;
- review, edit, transcode, stabilize, crop, redact, blur, excerpt and otherwise modify the Submission, and create derivative works from it, including corrected annotations, extracted features and model weights;
- use the Submission to develop, train, validate and evaluate computer vision and machine learning systems, and to publish research describing such work;
- reproduce, distribute, publicly perform and publicly display the Submission as part of datasets distributed to third parties, including datasets released for public download; and
- sublicense the foregoing rights to third parties, including research institutions, commercial organizations and members of the public, and to permit onward sublicensing by such parties.
2.6 Public distribution. As described in our FAQ, Submissions are prepared for use by the research community, including as datasets made available for public download. You acknowledge that, once a dataset has been distributed, Visym is unable to recall copies held by third parties and is unable to remove the influence of a Submission from a model already trained.
2.7 Attribution. Visym is under no obligation to attribute a Submission to you. Datasets identify Submissions by collector identifier and not by name.
2.8 Your likeness and personal information. Where you appear in, or your voice is audible in, a Submission, you consent to the use of your image, voice and likeness as part of that Submission on the terms of this Section 2. This consent extends to the licensed uses only and does not constitute a publicity or endorsement release; Visym will not use your name or likeness to promote Visym or its customers without your prior consent. Where a collection campaign requires personally identifiable information ("PII") to be recorded, a precise informed consent procedure is specified for that campaign and presented to you within the application, which will allow you to control how your PII is used in that campaign. The permissions you grant through that procedure govern the use of the PII to which it relates.
2.9 Consideration. The payments described in Section 4.2 constitute the entire consideration for the license granted under Section 2.4. Visym is under no obligation to use, publish or distribute any Submission.
2.10 Withdrawal. You may request that Visym cease using a Submission by written notice to collector@visym.com. Upon such request Visym will cease using the Submission for new purposes, exclude it from subsequent dataset releases and from subsequent model training, and delete its working copies, save for copies retained to meet legal, accounting or audit requirements. Withdrawal operates prospectively only; for the reasons stated in Section 2.6, the license survives withdrawal to the extent necessary in respect of distribution that has already occurred.
3. Obligations of the Collector
The summaries are provided for convenience only; the numbered clauses are the operative terms.Follow the collection description, consent everyone who is identifiable in a video before you record them, and submit only data you recorded yourself.
3.1 Collection instructions. Each collection is accompanied by a written description in the application specifying the data to be recorded and the conditions of recording, together with example videos. Those instructions, the quickstart and the review criteria published in the FAQ are incorporated into these Terms by reference.
3.2 Undertakings. You undertake to comply with those instructions, and in particular to:
- record in the conditions specified in the collection description and annotate accurately;
- complete the in-application consent procedure in respect of each identifiable individual prior to recording that individual;
- exclude faces, licence plates, private conversations and other personal information, except where the collection description expressly requires their inclusion;
- submit only data actually recorded by you for that collection, and not synthetic or artificially generated data, stock footage, downloaded data, or data re-used from another project or another collector; and
- record lawfully and safely, holding any permission required in respect of the location, and without exposing yourself or any other person to risk.
3.3 Representations and warranties. You represent and warrant, in respect of each Submission, that:
- the Submission was recorded by you, or you otherwise hold all rights necessary to grant the license set out in Section 2.4;
- each individual identifiable in the Submission completed the in-application consent procedure prior to recording, and no individual under 18 appears in the Submission unless Visym has agreed otherwise in writing in advance and a parent or legal guardian has completed that procedure;
- the Submission does not incorporate third-party copyright works, including recorded music, broadcast content or artistic works, beyond works incidentally captured in an ordinary public scene;
- the Submission was recorded lawfully, with any permission required in respect of the location, and not in breach of any duty of confidence or any site or employer rule; and
- the annotations accurately describe, to the best of your knowledge, the content of the video.
3.4 Consent records. The records generated by the in-application consent procedure constitute personal information of the individual who gave consent. You may not copy, retain or use such records outside the Platform.
3.5 Confidentiality. Unreleased collection specifications and other information designated by Visym as confidential are confidential and may not be disclosed by you. This Section does not restrict disclosure of information that is or becomes public other than through your breach, that you lawfully held prior to disclosure by Visym, or that you are required by law to disclose, and it does not restrict you from discussing your own compensation or working conditions where law protects that discussion.
4. Review, Compensation and Termination
The summaries are provided for convenience only; the numbered clauses are the operative terms.We pay you for each accepted video, and we may remove you from a campaign or from the Platform if you do not follow the collection instructions.
4.1 Review and acceptance. Each Submission is reviewed by Visym's review team against the criteria published in the FAQ. Visym determines in good faith whether a Submission is accepted. The outcome is recorded against each Submission in the application and on your dashboard; where a Submission is not accepted, the rating assigned identifies the deficiency so that it may be avoided in subsequent Submissions.
4.2 Compensation. You are paid in respect of each accepted video at the rate specified in your campaign invitation or onboarding correspondence. Submissions that are not accepted are not paid. Payments are made on a two-week cycle, and expected payments are shown on your dashboard.
4.3 Payment method. You select your payment provider (PayPal, Payoneer or Wise) in the application or on the dashboard under Profile, and you are responsible for the accuracy of those details. Fees and currency conversion costs charged by your payment provider are borne by you. Where your accrued balance is below the applicable minimum payout, payment is deferred and accumulates until that threshold is reached.
4.4 Rate variation. A rate may be varied by agreement, including by email. A variation applies only to Submissions made after it is agreed.
4.5 Removal for non-compliance. Visym reserves the right to remove you from the Platform, or from any particular campaign, for failure to follow the collection instructions.
4.6 Other grounds. Visym may also remove you for breach of any other provision of these Terms, for submitting data that is not your own work, for including individuals who have not completed the consent procedure, or where Visym reasonably believes your activity to be fraudulent, unsafe or unlawful.
4.7 Graduated measures. Depending on the circumstances, Visym may reject individual Submissions, suspend your access, remove you from a campaign, or close your account. Where practicable and appropriate, Visym will first notify you of the deficiency and afford you an opportunity to correct it.
4.8 Effect on payment. Submissions accepted prior to removal remain payable. Submissions not accepted are not payable, in accordance with Section 4.2.
4.9 Campaign changes. A campaign may be paused, varied or closed at any time for reasons unconnected with your performance. As noted in the FAQ, collections may appear and cease to appear in the application as collection requirements change.
4.10 Survival. Termination of these Terms does not affect the license granted under Section 2.4 in respect of Submissions already made. Sections 2, 3.3, 3.4, 3.5 and 5 survive termination.
5. General Provisions
The summaries are provided for convenience only; the numbered clauses are the operative terms.The standard legal terms: how we handle personal information, the limits on our liability, how these Terms may change, and how to reach us.
5.1 Data protection. Visym's processing of your personal information, and of the personal information of individuals appearing in Submissions, is described in the Privacy Policy, which is incorporated into these Terms by reference. You undertake to comply with the data protection law applicable to you in the conduct of your collection activity. Enquiries relating to data protection should be directed to privacy@visym.com.
5.2 Disclaimer of warranties. The Platform is provided on an "as is" and "as available" basis. Visym does not warrant that the application or dashboard will be uninterrupted, available at all times or free from error, and gives no undertaking as to the volume of collections made available, the level of earnings attainable, or the continuation of any campaign.
5.3 Limitation of liability. To the extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit or loss of data.
5.4 Non-excludable rights. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, and nothing in these Terms operates to remove any right conferred on you by the law of your country of residence which may not be waived by agreement.
5.5 Modification. Visym may amend these Terms from time to time. The amended version is identified by a revised last-updated date above and takes effect upon posting. Where an amendment is material, Visym will give notice by email or by notice within the application. Submissions already made remain governed by the version of these Terms in force when those Submissions were made. If you do not agree to an amendment, you should cease submitting and close your account.
5.6 Governing law and jurisdiction. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules, and the state and federal courts situated in Delaware have jurisdiction in respect of any dispute arising out of or in connection with these Terms. This Section does not deprive a Collector resident outside the United States of any right to bring proceedings in their country of residence which is conferred by the law of that country.
5.7 Severability. If any provision of these Terms is held to be unenforceable, that provision is to be read down to the minimum extent necessary and the remaining provisions continue in full force.
5.8 Assignment. You may not assign or transfer these Terms. Visym may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets; the license granted under Section 2.4 is transferable as there provided.
5.9 Entire agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement between the parties in respect of their subject matter and supersede any prior understanding.
5.10 No waiver. A failure or delay by either party in exercising a right under these Terms does not operate as a waiver of that right.
5.11 Notices. Notices to Visym in respect of these Terms, your account or your payments are to be sent to collector@visym.com. Notices relating to data protection are to be sent to privacy@visym.com. Notices to you are sent to the email address registered to your Platform account.