oprimes.com is a product owned by Qualitrix Technologies Pvt. Ltd. (hereinafter referred to as “Company”) headquartered in Bangalore, India. The company offers crowdsourced testing and digital assurance solution to enterprises across the globe. oprimes.com (hereinafter referred to as “the Platform”) is a crowdsourcing platform that provides complete test management and on-demand resourcing solution on cloud. The platform hosts a network of test professionals and focus groups distributed across the globe that can be engaged on-demand. The platform also has automated workflows designed for intelligent tester selection, task assignment, real-time project tracking and reporting. The platform helps enterprises to evaluate their software / hardware applications, value added services and business processes at distributed locations via skilled test professionals and diverse target user groups.
A customer (hereinafter referred as “Customer”) is the legal entity that receives services offered by the Company.
A project (hereinafter referred as “Project” or “Projects”) refers to any task that is assigned to a Member by the Company either through the Platform or through any other medium.
A member (hereinafter referred as “Member”) refers to anyone using the platform for any reason including, without limitation to, a person who registers with the platform to participate in projects related to testing and other digital assurance services such as included but not limited to, functional testing, compatibility testing, localization testing, beta testing, regression testing, usability testing, security testing, accessibility testing, production audits, market surveys, ideation campaigns, concept validation etc., or an individual representing a business that registers to take services from the Company, through the services offered on the platform, or a representative of the Customer organization, or anyone else who accesses the platform as a user.
This article of Terms and Conditions (hereinafter referred to as “Agreement”) to each member, the Company employees, its affiliates and their related parties that use the oprimes.com platform application. oprimes.com may amend or modify the Agreement without notice at any time by updating this posting. Your continued use of the platform after any amendments or modifications to the Agreement constitutes your agreement to be bound by all such amendments or modifications.
“Confidential Information” means information (whether electronic or otherwise) disclosed by the Company or any of its Customers either orally, visually or in written, including but not limited to, business information, specifications, ideas, know-how, designs, drawings, data, computer programs, marketing, technical, financial and any other information relating to its personnel, customers, affiliates or agents, irrespective that such information is identified and marked as “Confidential” or not.
The Member will maintain complete confidentiality of any Confidential Information that may be disclosed by the Company or the Customer while getting invited or while participating in a Project.
The Member shall protect the Confidential Information by taking the same degree of care, as they would take to protect their own confidential information.
The Member is not permitted to share information about the Customers, the Projects, the tested applications or any test results on any public or private forum including but not limited to, Facebook™, Twitter™, blogs, forums, social media, written or visual media or any other digital medium.
This Agreement imposes no obligation upon the Member with respect to Confidential Information which:
The Member acknowledges that while participating on the projects, they will gain access to the Customer’s software / hardware applications, software, releases or other products (hereinafter referred to as “Applications”) and they will maintain absolute confidentiality regarding any and all applications that the Member would have tested / evaluated or will test or evaluate, or any information he/she will acquire, or otherwise have awareness of as a result of the participation in the project. Any breach in this promise will lead to violation of this Agreement and appropriate legal action.
This Agreement shall become effective immediately once the Member agrees to the Agreement and will survive termination for a period of two (2) years from the date on which the Member de-registers from the Platform. Upon request from the Company, the Member shall at the option of the Company, return or destroy all Confidential Information and all copies, notes, summaries or extracts thereof and certify the same.
The ownership of copyright and all other intellectual property in any material created solely by Member in connection with this Agreement will lie with oprimes.com and the Company. The Member acknowledges that all the Intellectual Property Rights in the materials and services created under the scope of this Agreement shall, at all times, vest with the Company and that the Company shall be within its rights to use the said materials in association with any of its products or packaging without seeking the consent of the Member even after the expiry or termination of this Agreement. The Member further understands that the Company shall be free to use the materials and services in any form and on any other medium.
The Member doesn’t acquire any intellectual property rights or any other rights or licenses under this Agreement, impliedly or otherwise on the content published on the Platform, material shared through the Projects, results generated by the Member while participating in the Project. The content, that includes all images, illustrations, icons, designs and written and other materials that appears on the Platform is copyright, trademark, or other intellectual property owned, controlled, or licensed by oprimes.com or the Company and its affiliates. The content is the property of their respective owners and are protected by international copyright laws and conventions. Accessing oprimes.com platform does not authorize any Member to use any name, logo, trademark or service mark in any manner. Permission is granted to display, download and print in hard copy format other resources of the Platform solely for the purpose of using the Platform as an internal or personal business resource. None of the resources may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied or reproduced without the prior written permission of oprimes.com, the Company or the Customer.
The Member agrees and acknowledges that any breach of this Agreement would cause the Company irreparable harm for which monetary damages would be inadequate.
This Agreement shall not be construed to create a partnership, agency or other relationship with the Member.
Member hereby agrees to indemnify, defend and hold harmless the Company, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Member releasing Customer's Confidential Information, or (ii) Member violating the Customer's Terms.
Member further acknowledges and agrees that the Member shall be individually liable to any Customer whose Information the Member improperly distributes.
In no event will the company be liable to the member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any losses arising from member’s use of the platform, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, company’s liability to the member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to member’s ceasing use of our platform.
Company may pursue claim against Member for direct damages which arise from or relate to such Member’s use of the oprimes.com Platform and Member’s Project participations expressed in this Agreement to the full extent of the law.
In the event of any breach of this Agreement, as determined by Company in its sole discretion, the Company can block Member access to the Platform immediately and without prior notification or explanation. In the event that the Company determines that the Member has engaged in fraud, Company may freeze any open payments for the Member and shall have the right to report the offending the Member to the appropriate authorities.
Company reserves the right to demand injunction and damages in case of other failures of Member’s related to the obligations mentioned in this Agreement.
Member should take extreme caution in submitting, uploading content on the platform and shall ensure that none of the material is:
The Member understands and agrees that he/she is an independent contractor and not an employee of oprimes.com or the Company. As an independent contractor, he/she is not entitled for any direct or indirect employment benefits that may be given by the Company to its employees. The Member is responsible for procuring and maintaining all computer equipment and Internet connectivity that may be necessary for the performance of the tasks on the Projects. oprimes.com is not obligated to provide any training, technical or administrative support or other assistance in connection with the delivery of the Project unless otherwise agreed on case-by-case basis.
By registering to the Platform, the Member is not guaranteed by the Company to get invited on a minimum number of projects. In the same way, in your sole discretion, the Member is free to select, accept or decline to participate in any Project on which he/she gets invited through oprimes.com. Once the Member accepts a project, he/she will be responsible for determining when and how to perform the necessary testing services in order to meet the specified project deadline.
The Member is mandated to provide correct personal information such as real name, valid email address, and agree to never disclose information about other Platform Members or Customers to anyone.
oprimes.com team and the Company reserves the right to terminate any Member access to the Platform without notice, at any time, for any or no reason. oprimes.com team and the Company also reserves the rights to permit a particular Member to participate on any Project or access any content on the Platform. The Company has full right to grant or revoke access at any point before, during or after the project schedule without providing any justification in this regard. The Platform is available only to people and entities who can form legally binding contracts under applicable law and is not available to minors under the laws of their jurisdiction of residence or persons who do not have the legal authority to enter into binding contracts.
A Member found in violation of this Agreement, shall forfeit any right to receive payment for or a refund of any amounts due from services rendered or paid for on any Project. The Company reserves the right to pursue claims against the Member for direct damages (but not consequential damages, lost profits, or indirect or punitive damages) arising from or relating to such Members use of the Platform or any content published on the Platform.
The Member warrant and represent on the following:
Registering as a Member with the Platform, does not prohibits any Member from working as an independent contractor or employee with any other entity from the Company’s side. The Member should individually know the laws of his/her region and the contractual terms and conditions of the entity with which he/she is associated to take necessary measures. The Member hereby represents and warrants oprimes.com and the Company that his/her registration and participation on projects with oprimes.com will not violate any contract or agreement to which he/she is, or may become, bound, including, but not limited to, any employment agreement, services agreement, non-competition agreement or confidentiality agreement, whether or not reduced to writing
Before the start of any Project, the Member is expected verify and certify to oprimes.com team that they do not work for and are not affiliated with any competitor of the Customer whose software they will evaluate.
The Member agrees not to solicit, or hire, any employee or contractor of the Company either directly for his/her own Company, or on behalf of any other company during the term of this Agreement and for a period of one year thereafter.
The Member shall be entitled to receive payment as per the defined payment terms for each Project. The information will be provided to the Member before the start of the Project. In most cases, the Member will be paid for logging bugs and delivering Test Artifacts that are approved by, the oprimes.com team or an assigned authority for each Project. The Member will not be paid for logging duplicate bugs that may have already been logged on the Project by other Members. The Member will not be entitled for payment for the time spent on the platform or applications unless otherwise mentioned in the Project specific payment terms. The unit payment may vary for each project and may be changed by oprimes.com team at any point in time.
The Member agrees that the oprimes.com team and the Company shall have the right to unilaterally accept or reject the bug reports or test artifacts produced by the Member. There will be no liability for any such rejections regardless of reasons of rejections. The Member can reach out to the concerned Project authority from the oprimes.com team for any disputes but the Member agrees that he/she will accept the final recommendation of the Project authority without any further confrontation. The Member will have no right to either control or influence their payments or feedback regarding their reputation or success as evaluated by oprimes.com.
In the event of any breach in this Agreement, the Company in its sole discretion will reserve the rights to terminate the access of the Member from the Platform without any notification or explanation. This is also applicable in cases where the Member has engaged in any kind of fraudulent activity on the platform.
The Member is responsible for paying Member’s own federal, state, local and other taxes on fees received from the Company and, unless Company determines that it has withholding obligations with respect to payments to be made to Member, it shall not withhold any taxes and shall have no liability related. oprimes.com may require you to complete and submit specific forms and any other documentation in order to comply with local tax withholding obligations.
The Members shall be paid either directly into their accounts or through PayPal or through gift vouchers depending on their location and transaction currency. The specific details shall be collected from the Member before the start of the first paid project assignment.
The Member will be responsible to provide their PayPal account details or personal account details (applicable for Indian Members) or confirm non-availability of Paypal account for countries where PayPal is unavailable, so that the oprimes.com team can make necessary arrangements for Payments for the Member. If the Member doesn’t provide any such information within 90 days of registration, the payable amounts shall be automatically forfeited.
The Member can request for deactivation of their account with oprimes.com at any point. They will also have the possibility to reactivate it again in the future. Once deactivated, the profile information of the account will not be accessible to anyone. All account information will be saved and can be accessed again on reactivation. Upon reactivation, all the data including project participation and performance will be restored.
The Member can also request for permanent deletion of their account with oprimes.com at any point. Once submitted, the deletion process will take maximum one week’s time. Access to accounts that are deleted cannot be regained and all data will be removed for the Member from oprimes.com database.
This Agreement between the Member and the Company shall be governed and interpreted in accordance with the Indian laws, the place of jurisdiction will be Bangalore, India.