Terms and conditions

For clients

Sigyn LTD. (“Sigyn” or “us”, “our”, “we”) provides a self-service which allows users to order content or translations (the “Service’). These Terms of Service (these “Terms”) govern your access and use of the Services, and any code provided by Sigyn that implements the Services (the “Sigyn Code”). “You” means any third party that uses the Services.

Please read these Terms carefully. These Terms govern your use of the Services and the Sigyn Code. You must accept these Terms prior to using the Services or the Sigyn Code. By downloading or installing the Sigyn Code or using the Services, you signify your assent to these Terms. Changes may be made to these Terms from time to time. We will make reasonable commercial efforts to notify you of any updates to these Terms. Notwithstanding the foregoing, your continued use of the Services will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. The most current version of the Terms is available at https://topcontent.com/terms-and-conditions/. If you do not agree to any of these Terms, please do not use the Services or the Software.

License. Subject to the terms and conditions hereof, during the Term we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license to use the Sigyn Code together with related documentation, solely in order to integrate the Sigyn Code into your own proprietary application (your “Application”) in order to receive the Services for your own internal uses.

Registration. In order to use the Services, you will be required to register with Sigyn. You must provide all information as requested by Sigyn in the registration process, and you represent and warrant that all such information shall be accurate and complete. You shall keep such information up-to-date. You shall immediately notify Sigyn if there is a security breach of your account.

Restrictions. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Services; (b) modify the Services, or insert any code or product, or in any other way manipulate the Services in any way; (c) modify the Sigyn Code in any way without our prior written consent, (d) sublicense, sell, or distribute the Sigyn Code or bypass any security measure of Sigyn with respect to the Services. You may not distribute the Sigyn Code on a stand-alone basis, and your Application must provide material functionality in addition to the Sigyn Code and the Services. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above.

Your Application. You represent and warrant that your Application (a) does not infringe the intellectual property rights of any third party, (b) does not contain any defamatory, libelous, obscene or otherwise offensive material, (c) complies with all applicable law and regulations, (d) does not collect or use the data of end users in any manner not clearly and accurately disclosed pursuant to a privacy policy that complies with applicable law and regulations, and (e) does not contain any worms, viruses, spyware, adware or other malicious or intrusive software. Furthermore, you represent and warrant that you provide to users a clear description of all material functionality of your Application.

Intellectual Property. You shall have all right, title and interest in your Application, and we shall have all right, title and interest in the Sigyn Code and the Services. Sigyn does not request your feedback regarding the Sigyn Code and the Services. Notwithstanding the foregoing, if you provide Sigyn with any feedback regarding the Sigyn Code and the Services, Sigyn may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. Nothing herein shall be interpreted to provide you any rights in the Sigyn Code or the Services except the limited license to use the Sigyn Code and receive the Service as set forth herein.

Application Data.  The collection and use of Application Data is an integral element of the Services, and you expressly consent to such collection and use of Application Data in accordance with our privacy policy, as may be amended from time to time in our sole discretion. A current copy of our privacy policy is available at Privacy Policy (the “Privacy Policy”). You represent and warrant that you are permitted to collect such Application Data for provision and analysis to Sigyn as set forth herein pursuant to your Application’s privacy policy.

Your Confidentiality Obligations. Sigyn may disclose to you certain confidential information regarding its technology and business (“Confidential Information”). You agree to keep confidential and not disclose or use any Confidential Information except to support your use of the Services. Confidential Information shall not include information that you can show (a) was already lawfully known to or independently developed by you without access to or use of Confidential Information, (b) was received by you from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, provided that you provide us with prompt notice of such requirement and cooperate in order to minimize such requirement. you shall restrict disclosure of Confidential Information to those of your employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. You will not disclose any information regarding the results of any testing or evaluation of the Services to any third party without our prior written consent.

Analytics. Sigyn shall provide you with information, reports and analytics in respect of the Application Data (“Analytics”). Sigyn makes no warranty that the Analytics provided shall be useful to your business. You are solely responsible for any action you may take based on the Analytics, and in making any decision you should take into account the possibility that information provided by the Analytics may not correctly reflect current or future trends.

Support. You may contact us with regard to support for the Services by sending an email to support@topcontent.com.

Service Levels. Sigyn does not guarantee the Services will be operable at all times or during any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of your Application, equipment, systems or local access services, (c) for previously scheduled maintenance or (d) relating to events beyond Sigyn’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Sigyn or your servers are located.

Indemnification. You shall defend, indemnify and hold harmless Sigyn (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which Sigyn may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by you. You may not settle or compromise such suit without our consent, not to be unreasonably withheld. Sigyn may be represented in any such suit by counsel of its own choosing at its own expense.

Disclaimer of Warranties.  YOU ACCEPT THE Sigyn CODE AND SERVICES “AS IS” AND ACKNOWLEDGE THAT Sigyn MAKES NO OTHER WARRANTY AND DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of Liability. IN NO EVENT SHALL Sigyn, ITS DIRECTORS, OFFICERS, FOR ANY CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICES OR THE ARRANGEMENTS CONTEMPLATED HEREIN.  IN ANY CASE, Sigyn’s  ENTIRE LIABILITY FOR THE PROVISION OF THE SERVICES OR UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED THE AMOUNT OF PAYMENT RECEIVED BY Sigyn FROM YOU IN THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM.

Term.  The term of this agreement (“Term”) shall commence on the date you accept these Terms (or insert the Sigyn Code into your Application) and shall continue unless terminated by either party with 30 days notice. Sigyn may terminate this Agreement with written notice if it has reason to believe that you are in breach of these Terms. Upon any termination or expiration of these Terms, Sigyn will cease providing the Services, and you will delete all copies of the Sigyn Code from your Application. In the event of any termination (a) you will not be entitled to any refunds of any fees, and (b) any outstanding balance for Services rendered through the date of termination will be immediately due and payable in full and (c) all of your historical report data will no longer be available to you unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination. Sections 3-18 of these Terms shall survive any termination thereof.

Publicity. You agree that Sigyn has the right to reveal the fact that you are using the Services, including by displaying your name and logo in Sigyn’s website and other marketing materials.

Miscellaneous. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. These Terms may not be modified or amended except in a writing executed by both parties.  These Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Sigyn may provide you with notices required hereunder by contacting you at any email address you have provided, including in your registration information. Sigyn may assign its rights or obligations pursuant to these Terms. You agree not to assign any rights under these Terms; any attempted assignment shall be null and void.  If any part of these Terms shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the State of Malta, and the competent courts of Malta shall have exclusive jurisdiction to hear any disputes arising hereunder.

Delivery and Acceptance

Content is delivered by being made available for approval in the system. You can request revisions of the text by filing a revision request clearly stating what should be changed. All request revisions have to be done using the system. Request revisions have to be done within 96 hours of the content being delivered. If no request revision is made, delivered items will be automatically approved in 96 hours and will be marked in the system as delivered. Once a deliverable is approved, revisions can not be requested.

Cancellation Policy and Refund Policy

In the case of subscription, there is a three-month cancellation policy. Contact the chat support to cancel your subscription. Since work planning with freelancers is involved there are no refunds available on top-ups

For Freelancers

This agreement is between Topcontent.com (Sigyn LTD, Company Registration Number C-52232, Malta), hereinafter the “Company”, and the freelancing individual, hereinafter the “Contractor”.

The Contractor agrees to write and/or translate the assignments according to given instructions and release all intellectual property rights to the Company.

Topcontent.com (Sigyn LTD) agrees to pay the agreed upon compensation for every successfully performed Service.

Warranties

The Contractor warrants that:

A) The services delivered will not infringe any copyright, patent, trade secret or other proprietary right held by any third party.

B) The services provided by the Contractor shall be performed in a professional manner, and shall be of a high grade, nature, and quality. The services shall be performed in a timely manner and shall meet any and all deadlines agreed between the Contractor and the Company.

C) The Contractor is above 18 years of age.

Relationship of parties

The Contractor is an independent contractor of the Company. Nothing in this Agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment or engagement, or as a limitation upon the Company’s sole discretion to terminate this Agreement at any time without cause. The Contractor further agrees to be responsible for all of the Contractor’s taxes, fees, duties and similar government charges imposed by any taxing authority of any country including, but not limited to, withholding tax, social security, insurance and other benefits.

Intellectual Property Rights

The Contractor acknowledges that any and all works, projects and intangibles arising out of or in connection with this agreement are the exclusive property of the Company. To the extent any intellectual property rights become the property of the Contractor, the Contractor hereby assigns to the Company all existing and future intellectual property rights (including, without limitation, patents, copyright and related rights) and inventions arising from the Services for the Company.

The Contractor hereby irrevocably waives all moral rights and all similar rights in any jurisdiction which the Contractor has or will have in any existing or future works.

All documents, magnetically, electronically or optically encoded media, and other tangible materials created by Contractor as part of its Services under this Agreement shall be owned by the Company.

Non Disclosure Agreement

The Contractor will never share any confidential information such as names, websites, resources or any form of information that could disclose the identity of the clients for whom content is being written for.

The Contractor can disclose the fact that they provide freelancers services with Topcontent, however the Contractor understands that any information relating to the clients or tasks of Topcontent can never be disclosed with anyone. The Contractor agrees to never show any tasks, writing or any work done by them to anyone. For more information about how the NDA works, please click here.

General Rules

You must only accept tasks that you can work on immediately. Our clients need their tasks delivered within a quick turnaround time and once a task is accepted, no other contributor is able to take this task. If you engage in any of the following actions, this will be considered as going against our terms and conditions and your account will be removed:

  • Letting tasks expire (auto-dropped)
  • Dropping a task after a considerable amount of time has passed
  • Submitting incomplete tasks, and editing them later

When accepting a task, please make sure you have the time, knowledge and skills to complete it within the deadline. Do not take a task if you cannot finish it on time. In circumstances where you cannot complete a task, you must make every effort to drop it immediately.

When you accept a task, you will have two hours to start working on it. If no work has been done within two hours, this will be considered that you do not intend to finish this task within the deadline and it will be auto-dropped and sent back to the Task Board. The reason for this auto-drop is to eliminate the risk of the task not being completed within the deadline.
Multiple accounts and fraud

It is forbidden for a Contractor to have more than one account. It’s also forbidden to operate or login on another contractors account. If it is discovered that a contractor is using more than one account that will be considered a breach of this contract. In such case the Company reserves the right not to pay the Contractor. Not paying the Contractor shall not be seen as a limiting factor for the Company to pursue further legal actions against the Contractor.

Compensation

The contractor agrees that payment will take place once a month and will be paid for the tasks that have been approved from the 11th of the preceding month until the 10th. The contractor agrees that the outstanding balance will be paid out monthly and that only balances of 48 euro or more will be paid out. If the contractor has accumulated less than 48 euro, the balance will remain in the contractor’s account until a total of 48 euro is accumulated.

The contractor also agrees that if their account is closed down by the company, and they have accumulated less than 48 euros, this balance will not be paid out and the contractor forfeits their right to claim this outstanding balance.

Governing law and dispute resolution

This Agreement shall be governed by and construed in accordance with the substantial laws of Malta without regard to conflict of law principles.

The Parties will use their best efforts to resolve amicably any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach termination or invalidity thereof. Any such dispute, controversy or claim shall be finally settled by the courts of Malta.

Data Protection and how we handle personal data

The data we collect about you as a freelancer are the ones you can see under “My Profile” in your login. To be able to pay for tasks done we also save your activity in the system. For example (and not limited to) which tasks you have done and when you did them. To prevent fraud and to be able to improve the system we also store technical data. For example (and not limited to) which ip used on login and which browser you are using.