HATCHED – DATA BEES PLATFORM TERMS OF SERVICE
We are Hatched Limited, trading as Hatched (the “Company”, “Hatched”, “our”, “ us” and “we”) of 60 The Avenue, Woodpark Ballinteer, Dublin 16, Dublin. We are a registered company in Ireland with company registration number 574066. These Terms of Service (“Terms”) set out your (“ User”, “you” “Data Bee”) rights and responsibilities when you use the Platform, to interact with Hatched including where you provide your Gmail details and connect your Google Account to the Platform.
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL APPLY TO YOUR USE OF THE PLATFORM
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.
1 Definitions and interpretation
1.1 Definitions
In these Terms, unless the context requires otherwise, expressions defined and used in these Terms shall have the meaning set out in this Clause:
|
Account |
has the definition given to it in Clause 2. |
|
Apple App Store |
means the online marketplace and digital distribution platform for software applications which is operated by Apple Inc. and/or its subsidiaries and related companies. |
|
Business day |
means a day, other than a Saturday, Sunday or public holiday in Ireland, when banks in London are open for business. |
|
Data Bee(s) |
has the meaning set out in Clause 4.1. |
|
Data Bee Content |
has the meaning given to it in Clause 3.1. |
|
Data Hive Connection |
has the meaning given to it in Clause 7.1. |
|
Data Protection Legislation |
means all applicable data protection and privacy legislation in force from time to time applicable to us, ,including without limitation the GDPR, the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder) (DPA 2018); and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2003 (SI 336/2011) as amended; and all other legislation and regulatory guidance in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications. |
|
Rewards |
has the meaning given to it in Clause 3. |
|
Gmail |
refers to an email server and associated email functionality which is provided by Google. |
|
|
refers to Google LLC, a related entity of Alphabet, Inc. which provides technology services. |
|
Google Account |
refers to a Google user account and associated functionality which provides access to various Google services and products on a personalised basis including Gmail. |
|
Google Play Store |
means the online marketplace and digital distribution platform which is operated by Alphabet Inc. and/or its subsidiaries or related companies. |
|
Hive Data Bee(s) |
has the meaning given to it in Clause 7.2. |
|
Intellectual Property Rights |
means copyright and related rights (including rights in respect of software), design rights, database rights, trade names or get-ups, unregistered trade marks (including service marks, trade names and business names), registered trademarks, domain names, moral rights and rights in designs, know-how, any patents (including utility models and inventions), any other rights in inventions, discoveries and improvements, rights to use and protect the confidentiality of confidential information and any other industrial or intellectual property right subsisting in any country in the world (including, without limitation, applications for registration and the right to apply for any of the same in any country in the world) in each case for the full period thereof and all extensions and renewals thereof). |
|
Licence |
has the meaning given to it in Clause 10.1. |
|
Linked Platforms |
has the meaning given to it in Clause 17.3. |
|
PayPal |
refers to the financial technology company which facilitates online payments of Rewards called PayPal Holdings, Inc. and its relevant subsidiaries or related companies (who you may contract with from time to time). |
|
PayPal Payouts |
refers to the financial technology service offered by PayPal for sending money to multiple recipients. |
|
Personal Data |
has the meaning given to it in the Data Protection Legislation. |
|
Privacy Statement |
means the applicable privacy statement which relates to the Platform, and which is referred to at Clause 7.1. |
|
Prohibited Uses |
has the meaning given to it in Clause 11. |
|
Platform |
means the website and its functionality which is located at https://www.data-bees.com/ and the mobile software application which is made available by us and is downloadable from the Google Play Store and the Apple App Store. |
|
Project(s) |
refers to the process by which Hatched provides details of Targeted Companies which we are collecting data in relation to, and which contain the relevant information which Hatched require in the “Project Details” section. |
|
Registered Data Bee |
has the meaning given to it in Clause 4.3.1 |
|
Third-Party(ies) |
means entities or websites which are not Hatched, and which you may encounter in a personal capacity when you are off the Platform, or entities or websites which are not Hatched which you may encounter on the Platform. Hatched contracts with certain Third Parties in order to create the Platform. |
|
Targeted Company |
has the meaning given to it in Clause 3.1 |
|
UK GDPR |
has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the UK Data Protection Act 2018. |
2 Interpretation of the Terms
2.2 Clause headings and captions in these Terms are for convenience of reference only and shall not be considered a part of or affect the interpretation of these Terms.
2.3 References to a statute or statutory provision include any consolidation, re‑enactment, modification, or replacement of the same, any statute or statutory provision of which it is a consolidation, re-enactment, or replacement of and any subordinate legislation in force under any of the same from time to time.
2.4 References to a document include a reference to that document as amended.
2.5 Words in the singular include the plural and vice versa and words denoting a gender denote all genders. References to persons include legal and natural persons.
2.6 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.7 A reference to a regulator or to a regulatory body shall include any replacement or successor bodies from time to time.
3 Targeted Companies, Data Bee Content and Your privacy
3.1 One of our key functions as a company is to collect data on corporate entities. We monitor and collect data on certain entitiesfor our business purposes. We may collect what is classified as Personal Data under relevant Data Protection Legislation. We are only interested in (and importantly only retain) information related to the corporate entity which your Personal Data relates, we call these entities “Targeted Company(ies)”. A Targeted Company is a corporate entity whom you may have engaged with to purchase a good or service. The data, material and content (including, but not limited to, emails, screenshots, order data, and Personal Data (“Data Bee Content”) which we collect from you will contain personal data when we ingest it into the Platform, however any Personal Data is separated and deleted in the Platform, and we only retain data related to the Targeted Company
3.2 Under applicable Data Protection Legislation, we are required to provide you with certain information including who we are, how we process your Personal Data and for what purposes. We are also required to inform you of your rights in relation to your Personal Data and how to exercise them. When you use the Platform, this information is provided to you when you sign up to the Platform. This information is also provided at the following link: https://www.data-bees.com/app-privacy-policy/.
4 How These Terms Work
4.1 By using the Platform or accessing or browsing the Platform, you are referred to in these Terms as a Data Bee (“Data Bee”) and agree to be bound by these Terms. If you do not agree to these Terms, then you have no permission or right to access or use the Platform, including any related or component functionality, and you must cease using the Platform immediately. You acknowledge and agree when asked to expressly accept these Terms by ticking the check box beside the wording “I am happy to be contacted by email and I agree to the Terms of Service” that you are indicating that you have the legal capacity to agree to these Terms and that you understand and agree to be bound by these Terms.
4.2 Not all of the Clauses in these Terms will necessarily apply to your use of the Platform. This means that while some of the Terms apply in the general sense (and provide for Hatched and your rights in relation to the use of the Platform), there are also more specific terms which govern some specific Platform functionality.
4.3 The following separate categories of users of the Platform have separate categories of rights and obligations under these Terms:
4.3.1 Registered Data Bees: means a Data Bee who has registered with the Platform by setting up an Account. Registered Data Bees have rights and obligations in respect of that Account under these Terms.
4.3.2 Data Bees and Projects: Where Data Bees (registered and un-registered) engage with Hatched and participate in Projects on the Platform (see Clause 6.1, then those Data Bees have rights and obligations in respect of that activity. Use of the Platform in relation to Projects may be subject to additional terms and conditions presented by Hatched on the Platform, which are hereby incorporated by this reference into these Terms.
4.3.3 Hive Data Bees: Hive Data Bees are defined in Clause 7.2 and refer to Data Bees who connect their Google Account to the Platform. There are specific rights and obligations in respect of that Gmail connection process under these Terms.
5 Account
5.2 You have the option to register your details with us, or to use the Platform without registering. If you choose to register, we will take some of your personal details as necessary in order to create a profile on our Platform (your “Account”). In order to open an Account, you will be prompted to either complete an Account registration form, or to register by using your Google Account. The required details to set up an Account may differ from time to time but will include, by way of example only, your name, jurisdiction, and email.
5.3 You are responsible for all activities that occur via your Account. You agree to provide true and accurate information and to notify us in the event of any unauthorised access to your Account or any changes to your Account information. You are responsible for keeping all information provided for your Account current, complete, accurate and truthful.
5.4 We use Paypal’s Payout service for making your payments. You are entirely responsible for safeguarding and maintaining the confidentiality of your credentials relating to your PayPal and Google Accounts and your Account and agree not to share your credentials with unauthorised persons. You authorise Hatched to assume that any person using the Platform via your Account, either is you or is authorised to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your Account. You further agree not to use the Account or log in with the credentials of another user of the Platform if (a) you are not authorised to use either or (b) the use would violate these Terms.
5.5 By accepting these Terms and/or registering for an Account you agree:
5.5.1 that we may send to you communications which are applicable to you, including communications relating to Platform functionality which you have engaged with. These communications may come in the form of emails, text messages, push notifications, and telephone calls, in accordance with our privacy statement, and
5.5.2 that any notices, agreements, disclosures, or other communications that we send to you electronically are deemed to satisfy any legal communication requirements.
5.6 You must be 18 years of age or over to actively use the Platform and engage with us in relation to Projects, or the Data Hive Connection. Unfortunately, we cannot legally transact with you unless you are 18 years of age or above. You may still browse the Platform if you are over the age of 16 in accordance with the Data Protection Legislation.
5.7 We reserve the right to disable the use of any Account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.8 We only supply the Platform for domestic and private use. If you use the products for any commercial or business purpose, we will have no liability to you whether for any loss of profit, loss of business, business interruption, or loss of business opportunity or otherwise.
6 Projects
6.2 Where you participate in a Project on the Platform, you consent to sell your Data Bee Content to Hatched. The requirements specified in each Project Guide, apply in addition to these Terms. The requirements specified in each Project Guide together with these Terms set out the basis on which you will contract with us. It is your responsibility to read all additional terms in the Project Guide to determine whether you want to (or are eligible to) participate in the relevant Project. In participating in a Project and making a submission of your Data Bee Content to Hatched for review and logging, you make a legally binding offer to contract at the specified price referred to in the Project Guide for your Data Bee Content. After reviewing your submission, if we consider that your submission is incomplete, we may contact you to and invite you to submit further details in order to ensure a complete submission in accordance with the relevant Project Guide. Hatched, acting through the Platform may elect at its sole discretion, on assessment of whether you have provided the necessary information required by us in the Project Guide (and otherwise complied with these Terms), to accept or reject your offer (which we call a submission). If Hatched accepts your offer, a legally binding contract of sale is formed between you and Hatched, and the Platform will display a confirmation of payment page. WHEN THE CONFIRMATION OF PAYMENT ELIGIBILITY EMAIL IS ISSUED TO YOU, A LEGALLY BINDING CONTRACT IS IN PLACE AND YOU HEREBY AGREE THAT HATCHED MAY USE YOUR DATA BEE CONTENT. When a contract is made in accordance with this Clause, you may become entitled to receive payments by PayPal, which we call “Rewards” which will be for the amount specified in the relevant Project Guide. Rewards will be transferred to you in accordance with Clause 8 (Payments).
6.3 We reserve the right to withhold Rewards if we suspect fraudulent submissions. IF WE (IN OUR SOLE DISCRETION) DETERMINE THAT YOUR SUBMISSION IS FRAUDULENT, WE MAY BLACKLIST YOU AND IMMEDIATELY TERMINATE YOUR ACCESS TO THE PLATFORM, REFUSE TO PAY REWARDS AND CONTACT LAW ENFORCEMENT.
7 Hive Data Bees
7.1 Data Bees have an option to connect their Google Account to the Platform which makes the process of submitting and receiving Data Bee Content much easier. If you connect your “Google Account” to the Platform, we perform a continuous unintrusive scan of your Gmail inbox, selecting the content which is relevant to us about the Targeted Companies which we monitor. We call the process of gathering the data itself, “Data Recycling” as it relates to data which is otherwise of little use and which becomes valuable again. When we are permitted to perform Data Recycling, this will entitle you to Rewards. By connecting your Google Account, you agree for us to engage in Data Recycling so that we may decide whether you are entitled to Rewards. We call the connection which enables us to perform Data Recycling a “Data Hive Connection”. More information about Data Recycling is available in Clause 3 (Your Privacy) and the applicable privacy statement: https://www.data-bees.com/app-privacy-policy/.
7.2.1 a discretionary Data Hive Connection bonus which Hatched may decide (at its sole discretion) to offer from time to time.
7.2.2 Rewards will be for the amount specified by Hatched from time to time and communicated to you by email. Rewards will be transferred to you in accordance with Clause 8 (Payments). Hatched reserve the right to change the Rewards rate for a Hive Data Bees at its sole discretion. Hive Data Bees will be given the option to keep the Data Hive Connection or disconnect their Google Account when a new Rewards rate for Data Recycling is proposed by Hatched.
The method of how Rewards are issued shall be determined solely in the manner determined by Hatched. You agree and understand that certain payments are initiated and processed by Hatched to you. All timelines which are referred to by Hatched relating to speed of payment of Rewards are indicative only. Hatched may from time to time and upon request provide a rationale on how it makes payment decisions but is under no obligation to do so. All transactions involving Data Bee Content and Rewards are final.
You acknowledge and agree that we are not liable for your tax affairs. We do not have the ability to determine whether or not the Rewards you receive constitute reportable or taxable income in your jurisdiction. You are therefore responsible for any and all tax liability arising from your use of the Platform. We encourage you, (and it is your responsibility), to seek the advice of a tax expert in order to determine the tax consequences of your use of the Platform, and any associated Rewards received.
10.2 Save as expressly set out in these Terms or as otherwise permitted by law, you may not make any communication, display or performance to the public of the content on the Platform or otherwise disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the content on the Platform.
10.3 Other than the Licence, nothing in these Terms shall be construed as granting to you any rights in any Intellectual Property Rights comprised in the Platform.
10.4.1 You confirm that you either own or have a licence to or right, title and interest in the Intellectual Property Rights relating to the Data Bee Content and you shall have sole responsibility for and hereby warrant the legality, reliability, integrity, accuracy and quality of your Data Bee Content.
10.4.2 You grant us a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, reproduce and distribute your Data Bee Content for whatever purposes we require from time to time.
11.1 You must adhere to the following guidelines. You must not, directly or indirectly:
11.1.1 engage with this Platform if you are an employee, independent contractor, agent or representative, or in a similar role in relation to a Target Company;
11.1.2 employ any device, scheme or artifice to defraud, or otherwise materially mislead Hatched, including by impersonating or assuming any false identity;
11.1.3 engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon Hatched;
11.1.4 violate, breach or fail to comply with any applicable provision of these Terms or any other terms of service, privacy policy, trading policy or other contract governing the use of any the Platform;
11.1.5 use the Platform by or on behalf of a competitor of Hatched or competing platform or service for the purpose of interfering with the Platform to obtain a competitive advantage;
11.1.6 engage or attempt to engage in or assist any hack of or attack on the Platform, including any “sybil attack”, “DoS attack” or “griefing attack”, or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property or interfere with the Platform;
11.1.7 make available to Hatched any Intellectual Property Rights or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless the applicable Intellectual Property Right owner or controller has received all necessary consent to do the same; or
11.1.8 submit or share with us any data that has not been publicly disclosed by a Target Company or that may be identified as material non-public information.
11.1.9 commit any violation of applicable laws, rules or regulations;
The foregoing matters are referred to in these Terms as Prohibited Uses .
12 Legal limitations on disclaimers
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to you. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law.
All provisions of these Terms which disclaim or limit obligations or liabilities of Hatched shall also apply, mutatis mutandis, to the officers, directors, members, employees, independent contractors, agents, stockholders, debtholders and affiliates of Hatched.
You shall defend, indemnify, compensate, reimburse and hold harmless Hatched (and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Platform; (b) your violation of these Terms or any other applicable policy or contract of Hatched; (c) your violation of any rights of any other person or entity, and (d) your violation of the rights of a Targeted Company or a third-party. You agree to promptly notify Hatched of any Targeted Company or third-party claims and cooperate with Hatched in defending such claims. You further agree that Hatched shall have control of the defence or settlement of any Targeted Company or third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hatched.
15.1 You have the right under these Terms to cancel any applicable contract with us, and to uninstall the Platform at any time. Hatched may also cancel any applicable contract which we have with you for any or no reason, and without notice. If you cancel your contract, you may still be subject to some of these Terms, which survive termination, (See Clause 6 (Survival)).
15.2 Data Bees:
Where you are a Data Bee, and you have contracted with us in relation to a Project, you have the right to withdraw from a that or any project at your discretion. You are entitled to a 14-day window within which you may withdraw consent (in writing) and should contact this email address: [email protected].
15.2.1 Full Performance of Project: Where a Project is completed, and where we have already paid you a Reward in accordance with these Terms, the applicable Project contract may have expired due to both parties (you and us) having performed the applicable Project terms. For clarity, where the Data Bee Content which you submitted did not include Special Category Data, including but not limited to Personal Data concerning health, racial or religion, then you have no right to request deletion of your submitted Data Bee Content. Where you have submitted Special Category Data then you may request deletion of that portion of Personal Data only.
15.3 Hive Data Bees:
Where you make a Data Hive Connection, and allow us to perform Data Recycling, then you act as the seller of your Data Bee Content on an ongoing basis. This means that there is an ongoing contract between you and us, which you may cancel at any time. For clarity, you have the right to withdraw from the Platform, and disconnect your Google Account at any time where you no longer wish to participate as a Hive data bee. To do this, you will need to follow the instructions in the Privacy Statement. We will periodically, in accordance with Data Protection Legislation provide you with updates on who the current Targeted Companies are and provide an accompanying facility to opt-out of the Data Hive Connection. This allows us to ensure that you still want us to maintain the Data Hive Connection. We make it easy for you to withdraw your consent and do so by contacting us at [email protected].
Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination, or expiry of these Terms including Clause 9 (Tax Matters), Clause 10 (Intellectual Property), 11 (Prohibited uses), Clause 2 ( Legal limitations on disclaimers ), Clause 14 (Indemnification), Clause 15 (Liability) shall remain in full force and effect.
17 Liability
17.1 The Platform is provided “as is” by Hatched and Hatched hereby disclaims to the fullest extent permitted by law all warranties, either express or implied, including but not limited to implied warranties/conditions of accuracy, merchantability and fitness for a particular purpose or any other warranties or conditions implied by applicable law, with respect to the Platform. We do not warrant or undertake that the Platform or any other materials provided pursuant to these Terms will meet your requirements or that they or their access or use will be uninterrupted, free from viruses, bug or error or completely secure.
17.2 Hatched is not a party to contracts between you and Targeted Companies. Further, Targeted Companies are not a co-party to these Terms. Hatched therefore assumes no responsibility for any such Data Bee contracts with Targeted Companies. Each Data Bee hereby expressly waives and releases Hatched from all liability arising from such Data Bee contracts with Targeted Companies. You further acknowledge and agree that Hatched 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 use of or reliance on any such Data Bee contracts with Targeted Companies.
17.4 To the extent permitted by law, we, our officers and directors, and third parties connected to us, hereby exclude any liability for any indirect, consequential, special, incidental or exemplary loss or damage incurred by you in connection with the Platform or in connection with the use and/or results of the use of the Platform and any materials posted on them, including without limitation any liability for:
17.4.1 loss of income or revenue;
17.4.2 loss of business;
17.4.3 loss of profits or contracts;
17.4.4 loss of anticipated savings, the use of money or opportunity;
17.4.5 loss of data;
17.4.6 loss of goodwill or reputation;
17.4.7 work stoppage, device failure or malfunction; or
17.4.8 any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
17.5 The entire risk as to any use of, or reliance on communications, or other material or information accessible via the Platform by you is with you. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any material or information accessible via the Platform.
17.6 While we endeavour to ensure that the Platform is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the internet or on any aspect of our Platform or combination thereof, including any injury or damage to your or to any person’s device related to or resulting from use of the Platform. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
17.7 We will use reasonable endeavours to correct any errors or omissions in our Platform as soon as practicable upon notification of them. However, we do not guarantee that our Platform will be free of faults, and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by using the webform on the Platform at the following address:
17.8 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform with or without notice providing that the payments of any Rewards to which you are entitled are discharged in full and Hatched no longer owes any further payments to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Platform save for what is provided in this Clause.
17.9 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.
17.10 To the maximum extent permitted by law, we will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Platform.
17.11 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We will further not be liable for costs, charges, losses sustained or incurred by the user that arise directly or indirectly from any fraud, negligence or failure attributable to the Platform.
17.12 We fully exclude all liability relating to the Platform in these Terms. Where a full exclusion is not possible, then subject to section 15.12, our maximum aggregate liability in respect of any claim or series of related claims, howsoever arising, whether in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms shall in all circumstances not exceed one hundred euro €100.
17.13 Nothing in these Terms shall limit or exclude our liability for:
17.13.1 death or personal injury resulting from our negligence;
17.13.2 fraud or fraudulent misrepresentation; and
17.13.3 any other liability that cannot be excluded or limited by law.
17.14 You shall be liable to pay to us all reasonable costs, charges or losses sustained or incurred by us that arise directly or indirectly from your fraud, negligence, failure to perform or delay in the performance of any of your obligations, subject to our confirming such costs, charges and losses to you in writing.
18 No waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
19 Severability
If any provision of these Terms is judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect of the remainder of the provisions.
20 Assignment and sub-licensing
20.1 These Terms are personal to you. You may not assign, novate, sub-contract or otherwise transfer part or all of these Terms or any rights or obligations under these Terms without our prior written consent.
20.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.
21 Force majeure
We shall not be liable to you for any delay or non-performance of our obligations under these Terms arising from any cause beyond our control including without limitation:
21.1 acts of God, flood, drought, earthquake or other natural disaster;
21.2 epidemic or pandemic;
21.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
21.4 nuclear, chemical or biological contamination or sonic boom;
21.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
21.6 collapse of buildings, fire, explosion or accident;
21.7 interruption or failure of utility service; or
21.8 any other act or omission whether similar to the foregoing or not.
22 Publicity and announcements
You shall not make, or cause to be made at any time any statement (whether of fact, belief or opinion) which directly or indirectly disparages, is inimical, critical or derogatory to or damages the reputation of Hatched, whether such statement is in relation to the Platform or otherwise.
23 Amendments and modifications
23.1 These Terms may only be amended, modified, altered or supplemented by or with the written consent of Hatched. Hatched reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms from time to time. The most current version of these Terms will be posted on the Platform. Any changes or modifications will be effective immediately upon the modified Terms being posted to the Platform. You shall be responsible for reviewing and becoming familiar with any such modifications. You hereby waive any right which you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification of these Terms constitutes your acceptance of the modified terms and conditions. If you do not agree to any such modifications, you must immediately stop using the Platform. Hatched shall also have the right to amend or to change or discontinue any or all aspects or features of the Platform
23.2 Hive Data Bees: Where a new Rewards rate is proposed by Hatched to Hive Data Bees for your Data Hive Connection and Data Recycling, this will be proposed by us to you, by way of email. Such proposed changes will be communicated directly to Hive Data Bees with a clear option to decline such changes. Declining such proposed Rewards rates will terminate the Data Hive Connection.
23.3 Subject always to any surviving contractual rights, see Clause,16(Survival). The Terms apply to the exclusion of other terms that you seek to impose or incorporate, which are implied by trade, custom, practice or course of dealing.
24 Governing law and settlement
24.1 These Terms shall be governed by and construed in accordance with the laws of Ireland and you agree to submit to the exclusive jurisdiction of the Irish courts.
24.2 Settlement negotiations
If a User has a potential legal dispute, claim or cause of action against Hatched, the User shall first (prior to initiating any litigation proceedings) contact Hatched by using the webform on the Platform at the following address: https://www.data-bees.com/contact/ describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. If so elected by Hatched, User shall use commercially reasonable efforts to negotiate a settlement of any such legal dispute, claim or cause of action within 60 days of the delivery of such email. Any such dispute, claim or cause of action that is not finally resolved by a binding, written settlement agreement within such 60 days shall be brought and resolved exclusively in accordance with the following provisions of this Clause 24
25 Entire agreement
These Terms and any specific Project terms which are specific to each Project on our Platform in the “Active Projects” page, as updated from time to time constitute the entire agreement between you and Hatched regarding the use of the Platform.
Please contact us by using the webform on the Platform at the following address: https://www.data-bees.com/contact/, if you have any queries in relation to these Terms.