Terms of Use

Welcome to Hypherdata

These Terms of Use (this “Agreement” or “Terms”) is an agreement between you (“You”) and HypherdataTM, a trading name of ScientiCore s.r.o, company registration number 53 495 721, with registered seat at Pekarska 160/14, Trnava 91 701, Slovakia (“Hypherdata”, “we,” or “us”) and our affiliates.

Hypherdata facilitates the commercial exchange of data, services, and expertise between organizations (the “Members”) to assist in solving issues related to a lack of data, dataset defects, machine learning challenges, and other product-related issues that Members may face. The company will act as the matchmaker for the Members by attempting to provide meaningful introductions. You must read, agree to, acknowledge, and accept all of the terms and conditions contained in this agreement to use our website and all affiliated websites, including mobile websites, owned and operated by us, our predecessors or successors in interest, or our affiliates (collectively, the“Website”), our online platform (the “Platform”), and all services, applications, software, features and products that are accessible through our Website that link to or reference this Agreement (collectively, the “Services”) whether provided by us or our affiliates. The materials in our Services are protected by applicable copyright and trademark law. Your use of Services is subject to the terms of this agreement, which may update from time to time.

By using Hypherdata, You agree to these Terms and the other policies we post. Please read them carefully. For information about our data practices, please see our Privacy Policy.

Account, Password, and Security

When You create an account (an “Account”), You must provide us with current, complete, and accurate information, including Your work e-mail address and password. In addition, you agree to keep Your information updated.

To create an Account, You must be at least 18 years old.

You will protect Your password and take full responsibility for Your own and third-party use of Your account. You are solely responsible for any activities occurring under Your Account, as well as the security of the Account. You will notify Hypherdata immediately upon learning of unauthorized use of Your Account or any other security breach.

Registering a Member Profile

A Member Profile represents the organization’s interests, not the individual users. It dedicates to submitting a challenge (the ‘’Challenge’’) and a solution {the ‘’Solution’’) related to the organization, but not those of an individual user. The Member Profile can be managed by several Accounts using work email connected to the organization.

To register a Member Profile, a person must create a Member Profile. Then, it must complete its Member Profiles to access the Platform by either (i) manually registering its organization information and interests or (ii) claiming a Member Profile that Hypherdata has created.

Mutual Non-Disclosure Agreement

For this Agreement, “Confidential Information” shall mean any information disclosed by either Party (the “Disclosing Party”) to the other (the “Receiving Party”) of which the Receiving Party knows or must reasonably assume that it is confidential, sensitive and/or proprietary to the Disclosing Party, taking into consideration the nature of the information, the circumstances under which it discloses and the industry in which the Disclosing Party conducts business. “Confidential Information” shall include, without limitation, the Party’s company or publicly known name; financial, clinical, legal, or operational information; information of the Disclosing Party’s products or services, pricing, research and development operations, clients, know-how, intellectual property, trade secrets; protocols and protocol synopses, processes, proposed processes, templates, formulae, and similar information. This Agreement applies to Confidential Information regardless of whether it is recorded and disclosed in writing or any other form and whether it is or can be protected by intellectual property rights.

The Parties agree that each of them shall, as Receiving Party, concerning Confidential Information received from the Disclosing Party:

Receive and hold all Confidential Information in strict confidence;
Use Confidential Information only for providing the Services, except as is explicitly approved otherwise by the Disclosing Party, including and not limited to entering the Deal Room on the Platform, and in particular not use any Confidential Information to the detriment of or to compete with the Disclosing Party;
Not disclose any Confidential Information to any person or entity (other than its employees, subsidiaries, strategic vendors, or consultants (“Required Disclosures”) without the prior written consent of the Disclosing Party. The Receiving Party shall contractually bind all Required Disclosures by non-disclosure and non-use obligations no less onerous than its own as outlined in this Agreement;
Use its best efforts to safeguard any Confidential Information and prevent it from being accessed by any unauthorized person or entity;
Respect any explicit requests from the Disclosing Party for the identity of said Party to remain anonymous under approved disclosure of information under sub 2) of this Article; and,
Promptly notify the Disclosing Party’s management should any unauthorized disclosure of Confidential Information occur.

The obligations outlined in clause 6.2 shall not apply to any Confidential Information to the extent that:

It is or subsequently becomes part of the public domain through no fault of the Receiving Party;
It is received on a non-confidential basis from a third party which, to the best of the Receiving Party’s knowledge, is under no non-disclosure obligations to the benefit of the Disclosing Party;
It is already known by the Receiving Party at the time of disclosure to it by the Disclosing Party;
It can be demonstrated by the Receiving Party’s records to have been independently developed, without breach of this Agreement or use of any Confidential Information; and/or
It is disclosed pursuant to a decision or order of a court or other governmental body or otherwise required by law to be disclosed; provided, however, that the Receiving Party does its best to promptly notify the Disclosing Party of such order, decision or requirement and to cooperate with the Disclosing Party in seeking a protective order or otherwise preventing or restricting such disclosure.

This Section 6 is effective as of the date of its execution and will remain in full force for two (2) years after that. However, the non-disclosure and non-use obligations herein shall remain applicable to the Confidential Information exchanged under this Agreement for ten (10) years from the date of execution of this Agreement.

By disclosing Confidential Information under Section 6, the Disclosing Party does not transfer to the Receiving Party any property rights or other title to the Confidential Information.

Each Party shall, as Receiving Party, upon request (except to the extent it is prohibited by law or by a decision or order of any regulatory or judicial body) promptly deliver to the Disclosing Party (or destroy and certify such destruction to the Disclosing Party) all Confidential Information (including all documents and media containing such Confidential Information and all copies and things thereof) furnished to or otherwise in possession of the Receiving Party, except for one archival copy for reference and proof.

Nothing in this Section 6 shall be interpreted or construed as to (a) grant any license, title, or right to either Party, directly or indirectly, to use any Confidential Information in any way other than for the Purpose; (b) oblige either Party to enter into any future agreement; or (c) create any relationship of agency, partnership, joint venture, or other joint enterprises between the Parties.

Each Party recognizes that a violation of its obligations under this Agreement may give rise to irreparable injury to the other Party or the owner of such Confidential Information and that monetary damages may not provide an adequate remedy for such harm. Accordingly, each Party acknowledges that the other Party may, where permitted by the applicable law, seek and obtain injunctive relief against the breach or threatened breach of this Agreement, in addition to any other legal remedies which may be available.

Using Hypherdata Platform

The Platform facilitates the selling and buying of digital services, products, data, and expertise (the “Solution”) between Members to assist in solving issues related to a lack of data, dataset defects, machine learning Challenges, and other product-related issues that Members may face (the “Challenge”).

Members listing a data Solution (“Solution Partner”) or Challenge (“Challenge Clients”) must read and act according to the relevant terms, Challenge Client’s Terms and Solution Partner’s Terms.

Suppose You decide to buy or sell Solutions through the Platform. In that case, You agree that Hypherdata shall not be liable for any issues regarding payment between You and any other Member outside of the platform.

Hypherdata does not manage the transfer of data connected to the Solution. You expressly agree and understand that Hypherdata shall not be liable for any issues regarding the transactions between You and any other party.

After members’ introduction, matching their Challenge to the Solution constitutes a match (the ‘’Match’’). Members can accept the match and continue the conversation in the Chat Room provided by Slack and managed by Hypherdata (the “Introduction”).
Member Profiles will vary, and Hypherdata has limited control over the quality and specific offerings. Hypherdata will attempt to screen for fraudulent Member pages but cannot guarantee the identity of Members or the validity of any claims they make. We appreciate Your help reporting suspicious Members’ pages so we can keep Hypherdata safe.

Our Role in matching Members

A core part of our Platform is to provide Solutions offered by Members to organizations with Challenges through an Introduction. This process is currently performed manually or partially manually by Hypherdata. In the future, this will perform automatically. Hypherdata’s involvement in the Introduction is limited to the obligations in these Terms, and anything beyond is beyond our reasonable control.

You acknowledge that Hypherdata is an intermediary in arrangements between them but cannot guarantee the performance of either party of their respective obligations under a separate agreement. Hypherdata holds no liability beyond what is stated in these Terms.

You understand that Hypherdata is not required to provide You with any minimum time commitment or service level and that You have to carry out Your due diligence on the information shared. We encourage You to inform us as soon as possible should any incident occur or reason for a complaint arises in respect of another Member so that we can take appropriate action on our Platform. We reserve complete discretion to take such action as we deem appropriate when we receive complaints, including removing certain Members from the Platform without notice.

Payment and Fees

Sign-up to the Hypherdata platform is free of charge.
Hypheradata’s fee structure is hybrid. These fees and terms are described separately in Challenge Client’s Terms and Solution Partner’s Terms, and members must accept them before submitting the Solution or Challenge to the Platform.

Tax

We collect tax identification information and report this to tax authorities if legally required. You are responsible for reporting any income or withholding taxes due to transactions and payments linked to Services provided by Hypherdata.

In jurisdictions where Hypherdata is required to collect transaction tax from Members, payments processed from Members will reflect the amount paid plus the applicable tax, which will be shown to Members when they make the payment.

As a Member of our site, You are responsible for determining what taxes apply to the payments. You receive through Your use of the Services. Your responsibility is solely to assess, collect, report, or remit the correct tax, if any, to the appropriate tax authority.

Restrictions

In using Our Services, You agree to:

Not use the Services for any purpose outlined in Section 8.2;
Not use the Services in a way to circumvent Hypherdata’s Fees as outlined in Section 6;
Provide the Solution as agreed in the contract between Members.

You cannot use our Services for:

Content that is illegal or illegal to disseminate in any way;
Content that is false, misleading, deceptive, defamatory, or libelous content;
Content that is abusive towards other people;
Content that uses others’ intellectual property, unless You have written permission to use it or Your use is protected by fair use;
Actions that exploit the Platform technically;
Fraudulent behavior, including, but not limited to, impersonating someone else for data fishing.

Suppose we reasonably believe that any content uploaded on our Services by anyone is in breach of these Terms or may cause harm to Hypherdata, Members, or third parties. In that case, we may remove or take down that content at our discretion.

Refunds

Our policy is No Refunds after the Dispute Period has elapsed, though we will allow for some exceptions where platform tokens are granted at our sole discretion. For example, it may include events when the selling Member does not send the data to the buying Member or the data described does not match the delivered data.

Hypherdata’s Role

We proactively look at the usage of Hypherdata to ensure all Members follow these Terms. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds from Hypherdata.

In most situations, we will work with Members to resolve potential violations and allow the Members to continue using Hypherdata.

Hypherdata reserves the right to restrict or remove a Member from the Platform if they violate our Platform policies as outlined in the ‘Restrictions’ Section of these Terms. In addition, if a Member violates these Terms, Hypherdata may prohibit the Member from using the entire Platform. Hypherdata also reserves the right to terminate Member accounts on an independent basis.
Please, let us know if You see any actual or potential violations of these Terms.
We are constantly testing out new features intending to make Hypherdata better. We may add or remove features and often test features with a random subset of our community.

Deleting an Account

You can permanently delete Your account by accessing Your profile settings on the Platform. In this case, You will delete your data permanently.
We can terminate or suspend Your account at any time at our discretion.
These Terms remain in effect even if You no longer have an account.

Third-party Apps

You may grant Hypherdata access to Your third-party accounts to create Your account and for other Hypherdata features to operate. Each time You connect Your third-party account, that third-party account will present a page that describes the information that Hypherdata can access.

You can revoke Hypherdata’s access to those accounts at any time using the respective third party’s security settings page.

Hypherdata’s Creations

The Creations of Hypherdata are under protection by copyright, trademark, and trade secret laws. Some examples of our creations are the text used in our Services, our logo, and our codebase.

You may not reproduce, distribute, perform, publicly display, prepare derivative works of, or otherwise use our creations contrary to these Terms unless we give You permission in writing.

Indemnity

To the extent permitted by applicable law, You will indemnify, hold harmless and defend Hypherdata, at Your expense, from any third-party claims, actions, proceedings, and suits brought against Hypherdata relating to Your breach of any term or condition of this Terms and Your use of the Service. We reserve the right to exclusive control over the defense of a claim covered by this clause. You will cooperate as fully as reasonably required to defend any claim.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

Warranty Disclaimer

Hypherdata is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.
The warranty disclaimers under this clause also apply to our subsidiaries, affiliates, and third-party service providers.
You acknowledge and agree that Hypherdata shall not be responsible for any loss of data uploaded on the Platform. Therefore, we strongly recommend You regularly back up the data You do not want to lose.

Limitation of Liability

To the extent permitted by law, we are not liable to You for any incidental, direct, indirect, consequential, or punitive damages arising out of these Terms or Your use or attempted use of the Services. Our liability for damages is limited to the amount of money we have earned through Your use of Hypherdata. In addition, we are not liable for losses associated with illegitimate data caused by conflicting contractual agreements.
For this Section 16, “we” and “our” are defined as subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
Termination of Your Rights

We may end Your rights under these Terms immediately and without notice if:
You have breached any of the Restrictions;
We believe in our sole discretion that Your use of the Platform is unsuitable in any way; or
You are otherwise in breach of these Terms.

If we end Your rights under these Terms:
You must immediately stop all activities authorized by these Terms, and
You must immediately delete or remove any part of the Platform from all devices in Your possession, custody, or control and, if required, confirm that You have done so.

You agree that You are responsible for and will indemnify us and hold us harmless for all losses, expenses, damages, and costs, including legal fees, resulting from any violation of these Terms. You further agree that You are responsible for any wrongful or negligent activity related to Your use of our Platform and Services, whether or not we elect to terminate Your account with us.

Unauthorized use of this Platform may give rise to a claim for damages and/or be a criminal offense, and You agree that we may be entitled to seek injunctive or other equitable relief.

Dispute Resolution and Governing Law

We encourage You to contact us if You have an issue. However, if a dispute does arise out of these Terms or related to Your use of Hypherdata, and it cannot be resolved after You talk with us, then it must be determined by competent courts.
These Terms shall be governed by and construed under the laws of Slovakia. These Terms will not limit any consumer protection rights that You may be entitled to under the mandatory laws of Your country of residence.
All disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of Slovakia.

Miscellaneous

These Terms and referenced policies are the agreement between You and us and supersede all prior agreements. If any provision is unenforceable, it modifies to the extent necessary to be enforceable. If we cannot change a provision, it is severed from these Terms, and all other provisions remain in force. If neither party fails to enforce rights, it does not waive the party’s ability to enforce rights in the future.
We may sometimes make changes to these Terms and other policies. If we make material changes that adversely affect Your rights, we will let You know before the changes come into effect. Continuing to use Hypherdata after a change means You accept the new terms or policies.
Please contact us if you have any questions or concerns regarding these Terms or other policies.

Effective: 01 September 2022