1. Definitions

The following definitions apply to these Terms:

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity
"Agreement" means these Terms, in addition to our Privacy Policy, our Terms of Service, Data Processing Agreement (“DPA”), Business Associates Agreement (“BAA”), Refund Policy ,Spam Guidance ,Affiliate Terms and and any other electronic or written agreement as applicable between or applicable to ExpertBunch and Customer, which govern the provision of the Service to you, as may be updated from time to time. "Control" for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Customer" means you or your organization or employer.
"Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. You (or your organization or employer) is the Data Controller; ExpertBunch is not the Data Controller, but the Data Processor, with respect to Processing of your Personal Data.
"Data Processor" means the entity which Processes Personal Data on behalf of the Data Controller, including as applicable any “service provider” as that term is defined by the CCPA. ExpertBunch is the Data Processor that has been retained by the Data Controller (you or your organization or employer) to Process your Personal Data on behalf of the Data Controller (ExpertBunch).
"Data Protection Laws" means any and all laws and regulations, including laws and regulations of the European Union, India, the European Economic Area and their member states, Switzerland, the United Kingdom and the United States and its states, applicable to the Processing of Personal Data under the Agreement as amended from time to time, including but not limited to EU Data Protection Laws and Non-EU Data Protection Laws applicable to the Processing of Personal Data under the Agreement.
"ExpertBunch Experts" refers to a web and mobile app based directory that allows Users to post or view information about services for hire and qualifications of the Users for long-term and short-term assignments.
"Platform" refers to Staff Monitoring Application, Project Management Application ("ExpertBunch Tasks"), and ExpertBunch Skills or Talent.
"Personal Data" means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws).
"Process" and “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
"You," "Your," or "User" refers to anyone accessing or subject to the Service, including any Staff member, or User of the Project Management Application or ExpertBunch Talent.

2. License for use of the service; identity authentication

The Service is licensed for use only under these Terms. ExpertBunch reserves all rights not expressly granted to you, including title and exclusive ownership of the Service, any and all software or updates thereto and source code for the Service.

Upon registering for the Service, ExpertBunch gives you the right to install the Service for use by the total number of Users you identify and authorize. The Service may not be used or accessed by (a) individuals who are not named individual; or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by you by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of Users who are using the Service, such as by using a terminal service. The Service may not be used or accessed by any other software or hardware device that does not require an individual to use or access it. ExpertBunch reserves the right at any time to require you to provide a list of the named individual(s).

You may not rent, lease, lend, sell, redistribute or sublease the Service unless it is contracted with IBIZ TECHNOVA INC or ExpertBunch. These Terms will govern any upgrades provided by ExpertBunch that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.

3. ExpertBunch Skills

ExpertBunch does not condition a User’s participation in ExpertBunch Skills on the use or purchase of any other ExpertBunch products or services (or vice versa). ExpertBunch does not condition the receipt of any benefit to a ExpertBunch Skills User upon the use of any other ExpertBunch product or service.

4. Installation, customization, and updates

Installation of the Service and any required modification of the Service to accommodate your computer system must be performed by you. All updates, upgrades, enhancements and modifications to the Service MUST be performed by ExpertBunch. Such updates include any changes or improvements to the Service, whether arising out of the Service’s particular configuration for your use or otherwise. At all times while these Terms are in effect, you shall provide ExpertBunch with access to your computer system so that ExpertBunch may install all updates. Failure to allow ExpertBunch to install updates or to compensate ExpertBunch for the installation of updates automatically terminates all warranties for any purpose related to the Service as well as your license to use the Service.

5. Term and fees

Provided prior notice of pricing is given to you, ExpertBunch reserves the right to charge you for use of the Service on a periodic (e.g., weekly or monthly) basis or otherwise. These Terms shall begin upon your registration for the Services and shall continue until your use of the Service is terminated by you or by ExpertBunch. You are responsible for all fees due to ExpertBunch and any compensation due to any Marketplace Member, Expert Consultants, etc., prior to the termination date.

6. Termination

Upon the termination of these Terms, the Service and all updates may cease to properly function and all warranties, express or implied, regarding the Service shall terminate. Your rights under these terms will automatically terminate without notice from the ExpertBunch if you fail to comply with any provision of these Terms. Further, ExpertBunch may terminate the Service for any action taken by you that ExpertBunch believes in its sole discretion is an inappropriate use of the Service even if not specifically detailed by these Terms, including, any use of the Service that is prohibited by federal, state, or local law. Any warranty regarding the Service will automatically terminate without notice if you fail to comply with any provision these Terms. The parties expressly acknowledge and agree that all provisions of these Terms that concern Copyright or other protectable interests of ExpertBunch shall remain in full force and effect notwithstanding termination of any warranty or use of the Service.

7. Proprietary nature of the service

The Service and Platform are proprietary to, and valuable trade secrets of ExpertBunch. You acknowledge the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, trademark, and service marks, and that you will only use such proprietary content, information, or materials for permitted uses under these Terms. The Service is entrusted to you only for the purposes set forth in these Terms. You will not reverse engineer, duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided therewith. The parties acknowledge that any violation of this provision will cause irreparable harm to ExpertBunch. As a consequence, the parties agree that if you fail to abide by these Terms, ExpertBunch will be entitled to specific performance, including immediate issuance of a temporary restraining order or preliminary injunction enforcing these Terms, and to judgment for damages caused by such breach, and to any other remedies provided by law.

8. Consent to use of data

You agree that ExpertBunch may collect and use technical data and User information as described in its Privacy Policy (http://expertbunch.com/privacy-policy)and, including, but not limited to, information about you and your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of customization, updates, and other services to you (if any) related to the Service. ExpertBunch may use this information, to improve the Service or to provide services or technologies to you. ExpertBunch treats Personal Data differently from general information. Personal Data can be used to identify, locate or contact you. General information is information that is not Personal Data and is not associated with Personal Data. ExpertBunch may convert Personal Data into general information by excluding information that is personally identifiable. You acknowledge that general information belongs to ExpertBunch and that ExpertBunch has the right to use such general information as it determines in its sole discretion. ExpertBunch may Process information in the country where it was collected, as well as other countries (including the United States) where laws regarding Processing of Personal Data may be less stringent than the laws in your country. ExpertBunch uses Personal Data for its own internal purposes, including contacting you via email to inform you about updates to the Service and providing you with information relating to transactions that you conduct on the ExpertBunch’s website. ExpertBunch may provide Personal Data to third parties who Process it in accordance with ExpertBunch’s instructions in order for ExpertBunch to provide Services to you (including processing payments for use of the Service). ExpertBunch reserves the right to disclose your information if ExpertBunch has a good-faith belief that the disclosure is (a) required by law, regulation, or legal process; (b) appropriate to detect, prevent, or remedy violations of these Terms, fraud, security, or technical issues; or (c) permitted in order to protect ExpertBunch, other Users, or the public. If ExpertBunch is involved in a change of control through sale of assets or otherwise, we will give notice before your Personal Data is transferred or becomes subject to a different privacy policy.

9. Content and linking to other websites

The Service may enable access to the ExpertBunch Skills, Talent and the parties’ websites, as well as the websites of third parties or any tools or services availed from 3rd parties (collectively, the "Websites"). The Websites may display, include, or make available content, data, information, applications or materials from third parties, including your data, or provide links to additional third-party websites ("Data and Materials"). By using the Service, you acknowledge and agree that ExpertBunch is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect of the Websites. ExpertBunch does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any data and materials on the Websites. To the extent you choose to access such Websites, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. ExpertBunch reserves the right to change, suspend, remove, or disable access to the Websites at any time without notice. In no event will ExpertBunch be liable for the removal of or disabling of access to any such Websites. ExpertBunch may also impose limits on the use of or access to certain Websites, in any case and without notice or liability. You agree to use the Websites at your sole risk and that ExpertBunch shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

10. User content

You agree that all information, data, text, sound, photographs, graphics, video, software, or other materials submitted, posted or displayed by you on or through the Service ("User Content") is your sole responsibility. ExpertBunch claims no ownership or control over any User Content. By submitting, posting or displaying User Content on or through the Service, you grant ExpertBunch a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, and adapt, such User Content to provide the Service to you. By submitting, posting or displaying User Content which is intended to be shared or made available to the general public, including through ExpertBunch Talent, you grant ExpertBunch a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Service and for the purpose of promoting ExpertBunch and its services.

As a condition of using the Service, you agree not to use the Service to infringe the intellectual property rights of others in any way. You represent that you have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of the Service, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed in the Service retains any and all rights that may exist in such User Content.

ExpertBunch may review and refuse to accept or remove any User Content in its sole discretion. ExpertBunch reserves the right to expel Users and prevent their further access to the Services for violating these terms or applicable laws, rules or regulations. ExpertBunch may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ExpertBunch, damage ExpertBunch’s public image or business. It is ExpertBunch’s policy to terminate the accounts of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others.

Any profile you submit must accurately describe you, as an individual person, or an agency or organization that you are authorized to create a profile for. Profiles derived from User Content may be made available through the Service. ExpertBunch does not make any representations regarding the accuracy or validity of such derived profiles, which may differ significantly from User Content.