Last updated : 31 July 2018

Please read at least Chapter I of these Terms of Use (General Terms) before starting to use the Website – when you enter a specific project, you must additionally read the particular chapter applicable on this type of project (Chapter II, III or IV).

 

This document sets the rules applicable to the use of the website swip.world (https://www.swip.world/and all subdomains, all hereinafter referred to as the « Website ». Please read them carefully. By logging into the Website, you enter into a binding contract with Swiss Innovation Pool AG, a company registered under the laws of Switzerland, with its registereddomicile at Seezstrasse 3, 8887 Mels, Switzerland (« SWIP ») according to these Terms of Use. Do not access the Website if you do not accept these Terms of Use. You can download and print these Terms of Use under the weblink: https://about.swip.world/en/terms/.

 

Structure of these Terms of Use: Chapter I of these Terms of Use describes the general rules applicable to any person using the Website (« User »). In addition to Chapter I, the other Chapters will become applicable as soon as you start participating in a particular project. Chapter II describes the additional rules applicable to the participation in a « Challenge », Chapter III the additional rules applicable to the participation in an « Assignment » and Chapter III the additional rules applicable to the participation in « Ideas ».  When you wish to start participating in a Challenge, Assignment or Ideas, you will be asked by the Website to read and confirm your agreement to the corresponding Chapter and, in certain cases, to accept a specific agreement. Participation in a Challenge, Assignment or Ideas is not possible without accepting the corresponding additional legal terms.

 

BY BECOMING ACTIVE ON THE WEBSITE, YOU IN PARTICULAR AGREE THAT INFORMATION YOU POST ON THE WEBSITE WILL BE DISCLOSED TO OTHER USERS AND THAT, UNDER CERTAIN CONDITIONS, YOU WILL HAVE AN OBLIGATION TO TRANSFER THE IP RIGHTS PERTAINING TO SUCH INFORMATION TO CERTAIN OTHER USERS. YOU ALSO AGREE ON THE JURISDICTION OF THE COURTS IN ZURICH (SWITZERLAND) FOR ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.

 

CHAPTER I – GENERAL TERMS APPLICABLE TO ALL USERS OF THE WEBSITE AT ANY TIME

 

1. Services offered on the Website

 

The Website provides a service in form of an online platform on which companies or individuals from the whole world may meet to request, offer and share ideas, resources or services in order to realize any sort of project or find solutions to a particular problem. To this end, the Website offers the following features to the Users : (i) a social media platform on which users can introduce themselves and exchange views ; (ii) the possibility to launch a contest by offering an award for the successful solving of a particular problem (« Challenge ») ; (iii) the possibility to give an assignment to one particular User in exchange for a reward (« Assignment ») ; (iv) the possibility to realize a particular project in cooperation with other Users (« Ideas »). The Website and all these features are subject to this Chapter I and are in the following commonly referred to as the « Services ».

 

2. Eligibility

 

You are eligible to use the Website if you are an individual of at least 16 years of age or a legal entity capable of validly entering into binding contracts. If for any reason, including limitations set by the laws applicable in the jurisdiction of your residence, domicile or corporate registration, you are not capable of entering into a binding contract, you may not use the Website. If you are a minor in your jurisdiction, you must receive the approval of your parental authority before starting to use the Website.

 

If you create a project or post a Contribution as a representative of a company or other legal entity, you must explicitly specify that you are acting in the name and on behalf of such legal entity. In such case, the legal entity represented by you enters into a legal committment according to these Terms of Use. By declaring that you act in the name of a legal entity, you confirm that you are authorised by such legal entity to enter this commitment, and in particular to carry out any transfers of IP Rights required under the project at hand.

 

SWIP has the right to refuse or restrict your access to the Website and to terminate this agreement with immediate effect if you do not fulfill the conditions of eligibility in this art. 2 or if you become insolvent or unable to pay your debts as they mature or if you make an assignment for the benefit of your creditors.

 

3. User Account

 

Before using the Website for the first time, you will be required to register as a User by filling out certain personal information, entering a login name and a password and accepting these Terms of Use, by which you obtain a User Account. You have the obligation to enter your legally correct personal information. You are entitled to have one User Account only. In case you represent a legal entity and act as swip-user as a representative of such entity, you have to enrole the entity name, registered domicile and your position as well.

You may not disclose your password to any third party or use your password for any unauthorized purpose. You agree to notify SWIP, if you become aware of any unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or login information by email to support@swip.world.

 

You may cancel your registration at any time by email to support@swip.world. In case of cancellation, you will remain bound by these Terms of Use regarding the contents you have uploaded on the Website and the particular Challenges/Assignments/Ideas you have participated in before the cancellation.

 

4. Premium Account

 

You may purchase a Premium Account for a price that will be displayed by the Website. A Premium Account can be purchased on a monthly or yearly basis and will automatically be extended to a further period of time unless terminated by the Premium User before the end of such period by email tosupport@swip.worldor by configuring your account on the Website.

 

A Premium Account gives you the right to benefits described by the Website as being offered to Premium Users.

 

5. Availability and technical performance of the Website

 

SWIP shall make best efforts to ensure the functionality and availability of the Website. However, it does not guarantee that the Website will function properly and be available at all times. In particular, interruptions in the Service may be required to carry out necessary software improvements or updates. SWIP does not bear any responsibility for any disadvantage or loss allegedly caused by a technical defect or temporary unavailability of the Website. SWIP does not guarantee that any content of the website is accurate, current or up to date. SWIP is not responsible for the content of websites operated by third parties for which links are provided on the Websites.

 

6. Rules of use

 

You shall not obstruct, hamper or otherwise interfere with the proper functioning of the Website. In particular, you shall not take any action that imposes an unreasonable load on SWIP’s infastructure, in particular by uploading or downloading data of an exceedingly high volume. Spamming (i.e. the sending of irrelevant or inappropriate messages to a large number of recipients) is strictly prohibited. You shall not use the Website to distribute advertisement. You shall not promote multi-level marketing / pyramid selling on the Website.You shall not take any action that have the potential to affect the Services in a negative way, such as leaving feedback or ratings for yourself, or using the feedback in any other manipulativeway for your own purposes or for persons close to you. You shall not use the Website to willingly spread fake news or wrong information. You shall not upload content or use the Website in a manner which violates Swiss law or the law applicable at your place of residence, domicile or corporate registration. You shall not upload any content of an offensive, disrepectful, crude or pornographic nature. You shall respect the opinions and rights of others. You are solely responsible for compliance with laws and regulations applicable on your use of the Website, your uploading of any contents and the transfer of technology or information initiated by you, including import/export requirements. You agree not to disclose to third parties personal information posted by other Users on the Website. This is only allowed if it is necessary in relation to the current project posted and if it is required for your work on a project. You may not collect or sell personal or project information collected on www.swip.world to third parties.

You agree not to collect or sell or disclose to third parties any personal information posted by other Users on the Website if this is not necessary in relation with a project posted on the Website.

 

SWIP has the right to remove content uploaded by you on the Website if such content is in violation of the above rules of use. SWIP has the right to close down your User Account (including your Premium Account) and to refuse access to the Website to you with immediate effect if you violate these rules of use. Any payment made for your Premium Account will not be refunded.

 

7. Definition of IP Rights

 

« IP Rights » (short for « Intellectual Property Rights ») means all inventions, discoveries, trademarks, patents, trade names, copyrights, moral rights, jingles, know-how, concepts, software, licences, developments, research data, designs, graphics, pictures, presentation material, technology, trade secrets, test procedures, processes, route lists, literature, reports and other confidential information, intellectual and similar intangible property rights, whether or not patentable or copyrightable, and any and all applications for registrations of and extensions, divisions, renewals and re-issuance of any of the foregoing.

 

8. Information from other Users

 

SWIP does not provide any guarantee concerning any contents uploaded by Users on the Website. In particular, it does not guarantee the accuracy of such contents. It does not guarantee that the IP Rights to any content uploaded by a User is held by such User. When relying on such content, you shall always be aware that it may be inaccurate. SWIP does not guarantee the patentability of information posted by users, in particular not of Contributions made in Challenges, Assignments or Ideas.

 

9. Information posted by you

 

When using the Website, you can post information or content in many different ways (« Contribution »): discussing with other Users on the social media platform, displaying your profile information, posting a blog entry, posting a Challenge/Assignement/Ideas or a contribution thereto, commenting on a Solution, Challenge, Assignment or Idea (« Comment ») or giving a rating to a Solution of anotherUser (« Rating »), or any other ways. The following applies to all Contributions you post on the Website:

 

1. You are solely responsible for any content that you post on the Website, be it text, graphics or other kind of data. SWIP merely enables the publishing of such information on the Website. SWIP reserves the right to remove your content from the Website if SWIP considers that such content is inappropriate for the Website, violates the rules of use described in Art. 7 above, may create liabilities for SWIP or may cause SWIP to lose part or all of the services of its Internet service provider, advertisers or other suppliers. You agree to post only accurate information.
2. You give the representation to SWIP and other Users (including Contributors, Challenge Creators, Assignment Creator or Initiator of Ideas) that you hold the rights, title and interest to the contents you post on the Website, including all IP Rights, that such information does not violate the IP Rights of third parties, that such information does not violate any law and that you are not violating any confidentiality obligation you may have with regard to such information or any obligation you have towards your employer (such as non-compete, confidentiality or obligatioin to dedicate your working time to your employer). If you are to transfer your IP Rights rights under a Challenge, Assignment or Ideas, you may be asked to issue explicit representations that you hold such IP Rights.
3. You agree that all other Users will be able to view the information you post on the Website. For certain projects, your information will only be visible to the participants in such project (be it a Challenge, an Assignment or Ideas) as described in Chapter II, III or IV below or by the project-specific agreement. In any case, SWIP gives no guarantee that other Users will respect the IP Rights on your information. You disclose such information at your own risk.
4. By posting your information or content, you grant a non-exclusive licence to SWIP to display it on the Website and disclose it to other Users according to these Terms of Use. In certain cases as described in Chapters II, III and IV and/or in a project-specific agreement, you may grant to other Users a temporary licence and the option to purchase your IP Rights.
5. You shall hold SWIP harmless of any third party claims made against SWIP based on or related to contents posted by you on the Website. In the case of such third party claim, you shall support SWIP in defending itself against such claims, bear reasonable legal and attorneys’ fees of SWIP and reimburse any amount awarded to such third party. SWIP agrees not to use the contents you post for any other purpose than to publish it on the Website or to organize a Challenge, Assignment or Ideas as agreed by you. In particular, SWIP shall not disclose such contents to non-Users and shall remove them from the Website if you delete them.
6. In case you post in a project as participant you must state if your Solution is based on a prior Solution of another user. Even if you do not disclose this fact, but timestamp makes it very likely that your Solution is based on a prior Solution, this prior Solution may receive a certain percentage of your award if you get awarded for your Solution. The share one can receive for a base layer of an idea is 10-50% of an award. SWIP is not responsible to track and find out if a winning Solution was inspired by or built on a previous Solution. Users have to check themselves and report if they believe the winning solution is based on their own prior Solution. They have 7 days from the time of the Awarding taking place on www.swip.world to report their view to support@swip.world. After this deadline communication in this regard may be disregarded.
7. The user agrees that only Solution which were submitted in due time, directly on www.swip.world in the corresponding Solution section will be accepted for the awarding process of projects.
8. Winners of a Challenge are obliged to provide their required bank account details, for which they will be contacted for by chat over the Website and/or by e-mail. If they do not answer within 6 weeks from the day of notice, their Award may be considered as forfeited.
9. The user agrees to avoid submitting a multitude of Solutons with only minor differences. In case different Solutions provided are too close to each other to be seen as independent, they will be treated as variants of one Solution. The project owner has the right to package variants to one Solution for the awarding process.
10. The money price assigned by the project owner in the Challenge will automatically generate the ranks and the contribution points.

 

10. Privacy

 

SWIP will use any information entered by you on the Website strictly according to the Privacy Policy posted on the Website (link: https://about.swip.world/en/privacy/).

 

11. Copyright

 

Apart from contents posted by Users, on which Art. 8 above is applicable, all content included on or generated by the Website, in particular any text, graphics, logos, button icons, images, audio or video material, digital downloads and data as well as the software running the Website is in the exclusive property of SWIP, its partners, suppliers or Clients and is protected by Swiss and international copyright law.

 

You may not use this Website or any portion thereof for commercial purposes other than the ones contemplated in these Terms of Use. You may not copy or replicate this Website, the software running the Website or any portion thereof or attempt to discover, copy or modify its source code or parts thereof. You may not automatically or systematically download data from the Website. Any unauthorized use entitles SWIP to close down your account, remove contents posted by you and refuse your access to the Website. You shall not register or attempt to register any content of the Website for the protection of IP Rights under your name or the name of any other person.

 

12. Limitation ofliability

 

SWIP has no control over and is not responsible for the contents submitted by Users and for their actions or omissions when using the Website. SWIP does not guarantee the accuracy or completeness of any content submitted by a User and does not guarantee that such contents do not violate confidentiality obligations or third-party IP Rights.

 

Insofar as allowed by mandatory Swiss law, any liability of SWIP for the use of the Website or in connection with the Services is herewith excluded. In particular, SWIP shall not be liable for any damages which a User may suffer as a result of third party claims relating the use of the Website or to the disclosure of information on the Website. Under no circumstances will SWIP be liable for any indirect, special, incidental, punitive or consequential damages. SWIP does not guarantee that the use of the Website or the Services will lead to the success or result hoped or expected by the User, in particular in terms of commercial success or practicability of Solutions.

 

13. Your liability

 

You shall be responsible to indemnify SWIP in case of claims arising out of or with respect to (i) your breach of the rules of use described in Art. 6 above; (ii) your breach of the representations made in Art. 9 above, in particular but not limited to the representation that the contents you post on the Website does not violate confidentiality obligations or third–party IP Rights.

 

Accordingly, you will hold SWIP harmless of third party claims made against SWIP in connection to contents you have posted on the Website. At SWIP’s request, you shall support SWIP to defend itself against third party claims connected to contents you have posted on the Website, in particular by providing all necessary information to SWIP, participate in court proceedings and bear court fees and necessary costs of legal counsel.

 

You are entirely responsible for assessing and managing the risks that may be linked with efforts to make a Contribution under a project published on the Website, such as risks linked with the handling of dangerous chemical substances, with engineering projects, etc.

 

14. Compliance

 

You are entirely responsible for complying with any laws, including local regulations at your place of domicile, residence or corporate registration, that may be applicable to you. You are in particular entirely responsible for compliance with any tax, VAT or social security provisions in relation with your use of the Website and your income related to your use of the Website.

 

15. Non-circumvention

 

For 24 months from the time you meet a User through the Website (« Exclusivity Period »), you agree to use the Website as your exclusive method to request, make and receive all payments for work made for or in cooperation with that User. You may opt out this obligation only if you or the User in question pays SWIP an Opt-Out Fee of CHF 3’000.

 

You agree not to circumvent the payment methods prescribed by these Terms of Use in order to avoid paying fees due SWIP under these Terms of Use for the Services. If you do, the applicable fees will become due nonetheless according to these Terms of Use.

 

16. Payment terms

 

Payments to SWIP must be made either by bank transfer, credit card or PayPal. All payments due in connection with the use of the Website will be displayed as net amounts in particular currency. Any currency losses, bank transfer charges, taxes and the like must be borne by User.

 

Bank account details for payments to SWIP:

Bank :                          Zürcher Kantonalbank

SWIFT CODE :             ZKBKCHZZ80A

Account holder :         Swiss Innovation Pool AG

IBAN :                         CH64 0070 0110 0060 3324 7

 

If no other indication is made when the payment terms appear on the Website, any payment is due within 30 days. Any overdue payment is subject to interests for late payment at the rate of 5% per anno. Additional fees may be invoiced for reminders in case of late payment.

 

In cases where SWIP is forwarding an Award, a Reward or another payment to a User as an escrow agent, it carries out such payment in the name and on behalf of another User and not in its own name. The conditions of such payments are subject to the legal relationship between you and the other User on behalf of which the payment is made. SWIP does not bear any responsibility for any payments to be made in connection with the Website, in particular such payments as contemplated under an Assignment or Ideas.

 

17. Hiring of a User by another User

 

If a User (« Employer ») concludes a contract of employment with another User (« Employee ») and the Employer has become acquainted with Employee on the Website (e.g. a Challenge Creator or Assignment Creator hires a Contributor), the Employer has the obligation to pay a finder’s fee to SWIP in the amount of one monthly salary. Users have the obligation to inform SWIP if such employment relationship is concluded. SWIP has the right to request to disclosure of the conditions of employment.

 

In the case that a User entrusts SWIP with a free of charge publication of an individual job offer on the Website, the particular conditions agreed with such User will apply.

 

18. Mediation

 

In the course of using the Website, disputes may arise between you and another User regarding an action taken or information posted on the Website. In the case of such dispute, you may ask SWIP to act as a mediator by sending a request for mediation by email to support@swip.world. If SWIP considers that the dispute is indeed closely related to the use of the Website, it may (but has no obligation to) start a mediation process (« Mediation »). In such Mediation, SWIP will grant every party the opportunity to explain its point of view and then issue a settlement proposal (« Settlement Proposal »). SWIP does not guarantee that the Settlement Proposal will be in line with applicable law. The Settlement Proposal shall not be binding on the parties, unless these Terms of Use contain a different rule. If all parties declare in writing (including by email) that they accept it, the settlement proposal will become binding. If on the other hand the parties do not accept the settlement proposal within a certain time limit set by SWIP, the parties are free to take any further actions they deem fit. SWIP can refuse to carry out a Mediation for any claim it deems obviously unfounded, frivolous, chicanery, too complex or for any other reason. Disputes between Users and SWIP are not subject to such Mediation process. The Mediation process is basically free, but SWIP reserves the right to charge a fee to the parties if the case is particularly complex or if one or several parties impede its swift completion.

 

19. Revision of these Terms of Use

 

SWIP may revise these Terms of Use from time to time by posting an updated version on the Website. You will receive an email informing you of the revision on the address your registered upon login. The next time you log in the Website, you will be requested to read and accept the revised Terms of Use. Please read the revised Terms of Use carefully. The revised Terms of Use will become binding on your use of the Website when you have accepted them.

 

20. Miscellaneous

 

You may not assign these Terms of Use or any other agreement connected with the use of the Website (including the Privacy Policy or any specific agreement regarding Challenges, Ideas or Assignment) to any third party.  They are binding on your successor(s).

 

The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment or franchise between the parties.

 

These Terms of Use constitute the entire agreement between SWIP and the User, together with the Privacy Policy and any specific agreement that shall be concluded in connection with a Challenge, Assignment or Ideas.

 

The use of the Website, these Terms of Use as well as any specific agreement that may additionally apply in connection to the use of the Website are governed by Swiss substantive law with the exclusion of any conflict of law rules.

 

In the event of discrepancies between the English and other language versions of these Terms of Use, the English language version shall prevail.

 

ANY DISPUTE ARISING OUT OF OR IN RELATION WITH THE USE OF THE WEBSITE, THESE TERMS OF USE OR ANY SPECIFIC AGREEMENT MADE IN CONNECTION TO THE USE OF THE WEBSITE SHALL BE SUBMITTED TO THE ORDINARY COURTS OF ZURICH, SWITZERLAND.

 

 

 

CHAPTER II – TERMS APPLICABLE ON THE PARTICIPATION IN A SWIP « CHALLENGE »

 

The terms in this Chapter II apply to your participation in a Challenge in addition to the general terms described in Chapter I.This Chapter II are binding on all participants in a Challenge, be it as Challenge Creator or as Contributor. When you launch a new Challenge (as Challenge Creator) or when you post a Solution to a Challenge (as Contributor), you will be asked to read and agree on the terms of this Chapter II. In case of a discrepancy between Chapter I and this Chapter II, the wording of this Chapter II will prevail.

 

1. Structure of a Challenge

 

SWIP offers to Users the possibility of participating in a « Challenge » on the Website. In such Challenge, one User (« Challenge Creator ») publishes a problem of a technical, economic, scientific, theoretical, manufacturing, engineering, logistic, legal, business process, political or philosophic nature on the Website and may offer the payment of a certain amount, a voucher, a job or any other sort of benefit (« Award ») to any User who presents a Solution which the Challenge Creator considers to be satisfying according to certain pre-defined criteria. A User who participates in a Challenge is a « Contributor » in such Challenge and any Solution he proposes is a « Solution». The Challenge Creator has the discretion to select one or several Solutions as the award-winning Solution(s) (« Accepted Solution(s) ») and therefore to pay the entire Award to one Contributor or portions thereof to several Contributors. The Challenge Creator may structure the Challenge in several steps so that e.g. preliminary/intermediary/final or theoretical/practical Solutions are requested. The Challenge Creator also may request a particular Contributor to improve a Solution in a certain manner before selecting the Accepted Solution.  A Contributor may also post a comment or a rating regarding the Challenge or a Solution (« Comment » resp. « Rating »). Comments and Ratings will not qualify to be selected as Accepted Solution.

 

2. No claim to payment of an Award

 

THE DECISION AS TO WHETHER A SOLUTION SUGGESTED BY A CONTRIBUTOR SATISFIES THE PRE-DEFINED CRITERIA AND/OR DESERVES THE PAYMENT OF THE ENTIRE OR PORTIONS OF THE AWARD IS IN THE ENTIRE DISCRETION OF THE CHALLENGE CREATOR. You, as Contributor, have no claim for payment of the Award (be it against the Challenge Creator or against SWIP) based on the allegation that your Solution satisfies the criteria, that you deserve a compensation for his efforts or for any other reason. Any legal action based on such a claim is therefore excluded. The Challenge Creator has no obligation to justify the choice of one or several Accepted Solution(s). If Users give a certain rating to a Solution, such rating is always only a recommendation and the Challenge Creator is not bound by it. SWIP merely puts a platform to the disposal of Users for the publication of Challenges and has no control over Client’s choice of an Accepted Solution or over the nature, quality, legality or timing of a Challenge.

 

By participating in a Challenge, you, as Contributor, accept the Challenge Creator’s decision regarding the Accepted Solution and the payment of the Award and are aware that you willpossibly receive no compensation for your efforts.You hereby waive any claim to a compensation for your Solution against the Challenge Creator, other Contributors and SWIP for the case that your Solution is not selected as Accepted Solution. Such waiver applies even if you believe that the Accepted Solution has relied on your Solution.

 

Mere comments or ratings made by a User regarding a particular Challenge or a Solution do not qualify to be selected as Accepted Solution.

 

3. Creating a Challenge – Challenge Term Sheet

 

In order to create your own Challenge, you shall fill out its specifications on the form meant for this purpose on the Website (« Challenge Term Sheet »).In the Challenge Term Sheet, you shall in particular describe the problem and its background, the purported use of the Solution, the criteria for the Solution (« Awarding Criteria »), the form in which the Solution shall be presented, the exact amount and conditions of payment of the Award, the structure of the Challenge (one or several Solutions etc.), the deadline for the submission of Solutions and the duration of the Challenge (« Challenge Duration »). After you have sent the filled-out Challenge Term Sheet to SWIP, SWIP will review it for compliance with the requirements of a Challenge and, if necessary, ask you to make modifications. After such review process is completed and payment of the Award and the compensation to SWIP has been performed, SWIP will approve the final Challenge Term Sheet. By sending the Challenge Term Sheet to SWIP through the Website, you as a Challenge Creator in particular give SWIP the authority to represent you as far as necessary to organize the Challenge on your behalf and in your name in accordance with the Challenge Term Sheet. These Terms of Use shall be applicable to the Challenge. In case of a discrepancy between the Challenge Term Sheet and the Terms of Use, the Challenge Term Sheet (as approved by SWIP) shall prevail.

 

After the final Challenge Term Sheet is approved, the Challenge Term Sheet will be published by SWIP on the Website to the attention of all Users and any User can participate in the Challenge.

 

The Challenge may not be terminated before the end of the Challenge Duration. The Challenge Duration may be extended in written agreement of SWIP and the Challenge Creator.

 

4. Challenge Creator’s obligation to pay the Award

 

You as Challenge Creator have the obligation to transfer the amount of the Award to SWIP before the Challenge is published. Within 30 days from the end of the Challenge Duration, you shall provide instructions to SWIP in writing (incl. email) if one or several Solution(s) has/have been selected as Accepted Solution(s) and which Contributor(s) (if any) shall receive which portions of the Award. If the Awarding Criteria as defined in the Challenge Term Sheet are fulfilled (by one or several Solutions), you have the obligation to choose one or several Solutions as the Accepted Solution(s) and to instruct SWIP to pay the entire Award to one or several Contributors. If part of the Awarding Criteria is fulfilled, you have the obligation to choose one or several Solutions as Accepted Solution and to instruct SWIP to pay at least half of the Award to one or several Contributors. Only SWIP, no other Users or Contributors, has the right to request that you, the Challenge Creator, release the payment of the Award to one or several Contributor(s). SWIP shall pay back the Award (after deduction of an agreed commission, if any) to the Challenge Creator only if it is clear that the criteria are not fulfilled.

 

If you, as Challenge Creator, do not notify SWIP of your selection of Accepted Solution(s) for the Award within the above-mentioned deadline of 30 days from the end of the Challenge Duration, SWIP reserves the right to select the highest rated, Acceptable Solution(s) itself and to grant the Award accordingly.

If you as Challenge Creator refuse to select one or several Accepted Solution(s) even though it is clear that the Awarding Criteria are fulfilled, SWIP reserves the right, if dialogue with you does not lead to any agreement on the matter, to select the highest rated, Acceptable Solution(s) itself and to grant the Award accordingly. Refunding of the award money is only possible if there can be no doubt that none of the submitted Solutions meets the awarding criteria specified in the Challenge.

 

5. Challenge Creator’s obligation to pay the compensation to SWIP

 

By sending the Challenge Term Sheet to SWIP through the Website, you as Challenge Creatorirrevocably agree to pay the compensation to SWIP according to the price list published on the Website or as individually agreed with SWIP in the Challenge Term Sheet or otherwise. Such compensation is due within 30 days from the sending of the Challenge Term Sheet. The fact that no Solution is selected as Accepted Solution, that no part of the Award is paid to a Contributor or that you consider that the Challenge was not successful does not release you from payment of such compensation. The compensation to SWIP is a retribution for SWIP’s services and publication of the Challenge and is not conditioned by the success of the Challenge. The compensation to SWIP must be paid before the Challenge is published on the Website and SWIP has the right to withhold publication before it is paid or delete it if no payment is received for more than 60 days.

 

6. Contributingto a Challenge

 

Your submitting of a Solution to a Challenge will be governed by the Challenge Term Sheet as published on the Website under the page « About » of a Challenge.  The Challenge Term Sheet will in particular describe the amount of the Award, the problem to be solved, the criteria for the Solution and the Challenge Duration. These Terms of Use apply to any particular Challenge Term Sheet. In case of a discrepancy between the Challenge Term Sheet and the Terms of Use, the Challenge Term Sheet shall prevail, with the reservation however that no wording included in the Challenge Term Sheet may be interpreted as giving the Contributor a claim for payment of the Award. When submitting a Solution, you will automatically be requested by the Website to read and accept (again) Chapter II of these Terms of Use.

 

Before your Solution may be selected as Accepted Solution, you may be requested to provide additional information regarding the feasibility or accuracy of your Solution, your IP Rights on your Solution and/or information regarding yourself or your method to achieve the Solution. Your failure to provide such information may impact the Challenge Creator’s decision as to the Accepted Solution.

 

You recognize that other persons (e.g. other Users) may have provided the Challenge Creator or others, or made public, information which is the same or similar to your Solution. In such case, the Challenge Creator will have the right to such same or similar information without any compensation to you.

 

Your participation to a Challenge as a Contributor is free of charge.

 

7. Noresponsibilityof SWIP

 

SWIP does not guarantee to any Challenge Creator that a Challenge will result in a Solution satisfying to or practicable for the Challenge Creator. While SWIP shall make best efforts to present the Challenge in the best possible way, SWIP has no control over the Solutions. SWIP does not accept any responsibility for the feasibility or accuracy of the Accepted Solution(s). Any claim for reimbursement of the Award based on the allegation that the Solution turned out to be impracticable or wrong is excluded.

 

Until 7 days before the Challenge reaches the deadline for Solution submission, SWIP as well as the Challenge creator may propose a 30% increase of duration extension if it seems likely that:

1. Not enough solutions will be submitted by the originally set deadline.
2. b) The quality of the submitted Solutions is not sufficient.

 

8. Challenge Creator’s obligation to warn about potential hazards

 

Client has the obligation to inform SWIP and the Users of any potential risks linked with attempts to find a Solution to the Challenge, such as health risks linked to the handling of dangerous chemical substances, risks of injuries linked to engineering experiences, etc.

 

9. Challenge Creator’s IPRights

 

Any information published in a Challenge Term Sheet is proprietary information of the Challenge Creator and is protected by Challenge Creator’s copyright. By participating in a Challenge, you as Contributor agree not to copy, replicate or use for any commercial purpose any information published in the Challenge Term Sheet. You agree not to register any copyright, patent, trademark or others on the contents of the Challenge Term Sheet or on the contents of other User’s Solutions or Comments.

 

You as a Challenge Creator agree that the information in the Challenge Term Sheet will be accessible to a high number of Users. SWIP cannot control the use made of such information. SWIP therefore accepts no responsibility in case such information is misused by Users.

 

10. Contributor’sIPRights

 

1. Disclosure:By submitting a Solution, Comment or Rating in a Challenge, you as a Contributor accept that it will be disclosed to the Challenge Creator and all other Contributors.SWIP does not bear any responsibility regarding the use that Client and other Contributors will make of your information.

 

1. Licence limited in time:By submitting a Solution in a Challenge, the Contributor grants to the Challenge Creator Client an exclusive, worldwide, free licence limited in time to the Challenge Duration (as defined in the Challenge Term Sheet) on the entire content of the Solution (« Limited Licence »). Such licence is limited to the right to analyse, test and verify the accuracy or feasibility of such Solution. The Challenge Creator has no right to use the Solution for any commercial purpose. The licence granted under this section cannot be terminated by the Contributor before the end of the Challenge Duration. Contributor agrees not to grant away any IP Rights in the Solution for the duration of Limited Licence.

An already patented or produced Solution may be eligible as a winning Solution provided that the corresponding IP rights are able to be transferred and this is correctly declared in the Solution.

 

1. Purchase option granted by Solution:By submitting a Solution in a Challenge, the Contributor grants to Client a non-revocable exclusive option to purchase the IP Rights in the contents of the Solution in compensation for the Award or a portion thereof (« Purchase Option »). The Purchase Option can be exercised at any time during the Challenge Duration.

 

1. Choice of the Accepted Solution: At the end of the Challenge Duration, one of two things may happen:

 

• The Solution has not been selected as Accepted Solution by the Challenge Creator. In this case, both the Limited Licence and the Purchase Option under this article 10 expire and the Contributor recovers full proprietary rights over all contents in the Solution. If any information or item has been submitted to Challenge Creator in a physical form (e.g. prototype), Challenge Creator has the obligation to return such information or item, unless otherwise declared in the Challenge Term Sheet.
• The Challenge Creator selects the Solution as an Accepted Solution. By doing so, the Challenge Creator exercises the Purchase Option. In this case, if requested by the Challenge Creator, the Contributor has the obligation to execute an agreement for the transfer of the IP Rights on the Accepted Solution in the form requested by the Challenge Creator (« IP Agreement ») within 30 days from the selection of his Solution as Accepted Solution. Such IP Agreement shall in particular include a guarantee that the Solution does not violate IP Rights of third parties.You will not receive an Award if you do not execute an IP Agreement in the form required by the Challenge Creator. When the Contributor receives a portion or part of the Award, all IP Rights rights in the Accepted Solution are transferred to the Challenge Creator automatically, without any limitation, in the same way as if the Contributor received the full award. In the event that the Accepted Solution cannot be transferred under applicable law or that the Challenge Creator makes such request, you shall grant to Challenge Creator a worldwide, unlimited, perpetual, irrevocable and exclusive licence to use the IP Rights in the Accepted Solution under the IP Agreement from the moment of the selection of your Solution as Accepted Solution. It is also possible that Challenge Creator makes you sign an IP Agreement to make the IP Rights in the Solution enter into the public domain. Other types of IP Agreements are also possible depending on the Challenge Creator’s requests.

 

1. After the completion of the Challenge: Your Solution may remain on the Website, access thereto may be restricted or it may be removed.

 

1. No IP Right for the Challenge Creator outside the Accepted Solution: You as Challenge Creator accept that after the Challenge Duration, you shall not hold any IP Rights on contents submitted by Contributors, except the contents of the Accepted Solution(s) for which the Award was paid.

 

1. Comments and Ratings: The IP Rights in Comments and Ratings belong to the Challenge Creator. The Contributor has no right for compensation for such posts.

 

11. Payment of the Award to Contributors

 

The Award or a portion thereof shall be paid to you, as Contributor, by SWIP if the Challenge Creator has instructed SWIP to release the entire Award or a portion thereof to you. You must be aware that SWIP will not make any payment to you if your Solution has not been selected as Accepted Solution by the Challenge Creator, if you failed to provide additional information requested by the Challenge Creator regarding yourself, your Solution or your IP Rights in your Solution, or if you have failed to execute the IP Agreement as requested by the Challenge Creator.

 

SWIP will pay the Award or a portion thereof to you within thirty days of receiving complete instructions from Challenge Creator and complete payment details from you. Payment will be paid to you in Swiss francs (or if required by your local law, in your local currency equivalent based on the foreign exchange rate applicable on the date of the disbursement by SWIP) by bank transfer to the account designated by you. The payment will be net of any taxes or transaction fees/commissions that SWIP may be required or has the right to withhold.

 

12. Information submitted by other Contributors

 

When participating in a Challenge, you as Contributor will be able to communicate with other Contributors, discuss the Challenge with them and also view their Solutions. With regard to other Contributors’ information, you may not:

 

• Copy, replicate or use for commercial purposes such information, or register IP Rights on such information;
• Submit a Solution which is only copied from or very similar to such Solution, without any significant addition/improvement of your own.

 

On the other hand, you as Contributor are allowed to build on other Solutions, i.e. to add new elements of your own or correct existing elements or significantly complement existing elements in order to come closer to the Solution sought by the Challenge Creator. In such case, you however have the obligation to point out which information from which User you have used. Further, you accept that Client may share the Award between you and other Contributors who have contributed part of the Accepted Solution.

 

13. Assistance to the Challenge Creator

 

When purchasing a Challenge in the SWIP Online Store, Client obtains the time-limited right to publish his Challenge publicly with a limited active duration on www.swip.world. This right expires after one year starting from the day of purchase independently of the services provided.

 

During the Challenge, one staff member of SWIP will be at the disposal of Client to respond to any queries and provide assistance. Such assistance does not include assessing whether a Solution constitutes a Solution to the Challenge. For online purchased Challenges, support time is outlined in the offer. If the support time defined in hours is overstepped by 20%, SWIP reserves the right to charge the additional hours or other extras as used by Client. This applies in analogy also for individual offers.

 

 

CHAPTER III – TERMS APPLICABLE ON THE PARTICIPATION IN AN ASSIGNMENT

 

The terms in this Chapter III apply to your participation in an Assignment in addition to the general terms described in Chapter I.This Chapter III is binding on all participants in an Assignment, be it as Assignment Creator or as Contributor. When you launch your new Assignment by posting an Assignment Term Sheet or when you offer to carry out an Assignment by posting an Assignment Offer, you will be asked to read and agree on the terms of this Chapter III. In case of a discrepancy between Chapter I and this Chapter III, the wording of this Chapter III shall prevail.

 

1. Structure of an Assignment

 

SWIP offers to Users the possibility to place an « Assignment » on the Website. In such Assignment, one User (« Assignment Creator ») posts and describes a task of a technical, economic, scientific, theoretical, manufacturing, engineering, logistic, legal, business process, political or philosophic nature on the Website. Any User (« Candidate ») may then offer to carry out such task, communicating to the Assignment Creator his/her qualification, motivation and expected compensation (« Reward »). The Assignment Creator may then entrust one of the Candidates to carry out the Assignment (« Contributor »). If the Contributor successfully carries out the task, the Assignment Creator will grant the Reward to the Contributor.

 

2. Launching an Assignment

 

In order to create your own Assignment, you shall fill out its specifications on the form meant for this purpose on the Website (« Assignment Term Sheet »). In the Assignment Term Sheet, you shall describe in all detail the task to be carried out by the Contributor, in particular the method, material or process to be used, the background and general purpose of the Assignment, the timeline for carrying out the tasks and what conditions must be fulfilled by the Contribution so that the Reward is granted to the Contributor. From the Assignment Term Sheet, Users must be able to assess whether they are able to carry out the Assignment and how much time and ressources they will need to do so.  In the Assignment Term Sheet, you must describe what type of Reward you offer for the Assignment (cash, job offer or other type of benefits). The Assignment Term Sheet may also specify the deadline during which Users may submit an Assignment Offer (see below).

 

3. Participating in an Assignment as Contributor

 

If you wish to participate in an Assignment as Contributor, you may post an offer based on the Assignment Term Sheet on the Website, indicating which compensation you request for carrying out the task (« Assignment Offer »). You may also describe your background, qualifications, motivations, your ideas or intended method to carry out the Assignment or any information you deem fit. Based on the Assignment Offer, the Assignment Creator may request more information from you or negotiate the nature or amount of the Reward with you via the Website, e-mail or other means of communication. When the Assignment Creator and the Contributor have come to an agreement regarding the conditions of the Assignment and the nature and amount of the Reward, they will be deemed to have enter into a binding contract (« Assignment Contract »). The Assignment Term Sheet shall be the basis of the Agreement Contract, but it will include any specific terms agreed in additional communication between the parties. Both parties shall agree on specific terms which apply besides the Assignment Term Sheet in writing, in particular the nature/amount of the Reward. No condition in the Assignment Contract may contradict these Terms of Use unless explicitly approved by SWIP. It is possible that the Assignment Creator will entrust several Contributors to carry out the Assignment separately, in which case different conditions may apply to the different Contributors.

 

4. No responsibility of SWIP

 

SWIP does not guarantee to any Assignment Creator that an Assignment will lead to results satisfying to or practicable for the Assignment Creator. While SWIP shall make best efforts to organize the Assignment, SWIP has no control over the work carried out by the Contributor. SWIP does not accept any responsibility for the feasibility, accuracy or timely delivery of the Contribution.

 

SWIP does not guarantee the granting of the Reward to the Contributor.

 

SWIP does not take any responsibility for any regulatory, tax or social security obligations that may rest upon the Challenge Creator or the Contributor as a result of the Assignment.

 

5. Assignment Creator’s obligation to warn about potential hazards

 

The Assignment Creator has the obligation to inform SWIP and the Contributor of any potential risks linked with attempts to find a solution to the Assignment, such as health risks linked to the handling of dangerous chemical substances, risks of injuries linked to engineering experiences, etc. Such information must be included in the Assignment Term Sheet.

 

6. Assignment Creator’s IP Rights

 

Any information posted on the Website with relation to an Assignment (in particular the contents of the Assignment Term Sheet) is proprietary information of the Assignment Creator and is protected by the Assignment Creator’s copyright or other rights, as the case may be. By participating in a Challenge, you as Contributor agree not to copy, replicate or use for any commercial purpose any information published by the Assignment Creator in relation to an Assignment. You agree not to register any copyright, patent, trademark or others on information posted by the Assignment Creator.

 

You as an Assignment Creator agree that the information in the Challenge Term Sheet will be accessible to a high number of Users. SWIP cannot control the use made of such information. SWIP therefore accepts no responsibility in case such information is misused by Users.

 

7. Contributor’s obligations

 

By entering into the Assignment Contract, you as Contributor agree that you shall (a) diligently carry out the Assignment as specified in the Assignment Contract ; (b) deliver all work results related to the Assignement (including, but not limited to, texts, reports, IP Rights, physical results such as prototypes, etc.) to the Assignment Creator ; and (c) if so requested by Assignment Creator, enter into an IP Agreement either transferring all the IP Rights pertaining to your Contribution or granting a worldwide, exclusive, perpetual and unlimited licence to such IP Rights in the form requested by the Assignment Creator.

 

8. Assignment Creator’s obligation to pay the Reward

 

You as Assignment Creator have the obligation to transfer the amount of the Reward to SWIP  (if the Reward is cash) or to otherwise grant the Reward to the Contributor without delay (if the Reward is a non-cash benefit) as soon as the Assignment has been carried out by the Contributor in accordance with the Assignment Contract. In the case of a Reward in cash, you as Assignment Contributor may make the payment by bank transfer, PayPal or Credit Card. SWIP will then forward it to the Contributor after deducting the compensation due to SWIP under Art. 11 below. You may refuse to pay/grant part or all of the Reward only if specifications or conditions contained in the Assignment Contract are not fulfilled. If you believe that the Contributor has fulfilled only part of the specifications in the Assignment Contract, you may pay/grant only part of the Award, but only if this meets the agreement of the Contributor.

 

If the Assignment Creator and the Contributor disagree on whether the Contribution fulfills the requirements described in the Assignment Term Sheet and/or on whether the Reward is due, a Mediation shall be conducted by SWIP in accordance to Chapter I, Art. 18 of the swip. world Terms of Use. If one party rejects the Settlement Proposal issued in the Mediation, both parties may take any further legal steps they may deem fit.

 

9. Payment of the Reward to the Contributor

 

If the Reward is a cash amount, SWIP will pay the Reward to the Contributor within thirty days of receiving it from Assignment Creator. Payment will be paid to you in Swiss francs (or if required by your local law, in your local currency equivalent based on the foreign exchange rate applicable on the date of the disbursement by SWIP) by bank transfer to the account designated by you, by PayPal or by credit card. The payment will be net of any taxes that SWIP may be required to withhold and after deduction of the compensation due to SWIP by the Assignment Creator. Payment of the Reward is made by SWIP in the name and on behalf of the Assignment Creator. In no case shall the Contributor have a claim for payment of the Reward against SWIP.

 

You have no right to the Reward if you were not selected to carry out the Assignment by the Assignment Creator.

 

10. Compliance

 

Depending on the intensity, duration and organisation of the relationship between the Assignment Creator and the Contributor, an Assignment may possibly qualify as an employment relationship according to the legal framework at one of the parties’ place of residence, domicile or corporate registration. SWIP is not in a position to assess whether an employment exists. The Assignement Creator and the Contributor are entirely responsible to assess whether an employment exists and to bear the corresponding legal consequences. Whether or not an employment exists, the Assignment Creator and the Contributor must comply with any legal obligations arising from the Assignment, such as tax and social security obligations.

 

11. Payment of compensation to SWIP

 

The Contributor must pay a compensation to SWIP for its services, which will be calculated according to the price list published on the Website (https://about.swip.world/en/pricing). If the Reward is in cash, the compensation will be deducted from the Reward before it is forwarded to the Contributor. If the Reward is not in cash but rather a benefit in kind, the compensation to SWIP is due as soon as the Contributor is granted the right or possibility to enjoy such benefits.

 

If the Reward is a job offer and the Assignment Creator and the Contributor do enter into an employment relationship, the finder’s fee under Chapter I, Art. 17 will be due in addition to the compensation set in this article.

 

 

12. Assistance to the Assignment Creator

 

During the duration of the Assignment, one staff member of SWIP will be at the disposal of Client to respond to any queries and provide assistance. Such assistance does not include assessing whether a Contribution entitles to the granting of the Reward. The assistance is limited to a maximum workload of 5 hours per Assignment. Extra effort may be charged additionnally.

 

CHAPTER IV – TERMS APPLICABLE ON THE PARTICIPATION IN IDEAS

 

The terms in this Chapter IV apply to your participation in an Idea Project in addition to the general terms described in Chapter I.This Chapter IV is binding on all participants in an Idea Project, be it as Initiator or as Contributor. When you launch your new Idea Project or when you post your Contribution to an Idea Project, you will be asked to read and agree on the terms of this Chapter IV. In case of a discrepancy between Chapter I and this Chapter IV, the wording of this Chapter IV shall prevail.

 

1. Structure of an Idea Project

 

SWIP offers to Users the possibility to place an « Idea Project » on the Website. In an Idea Project, one User (« Initiator ») posts and describes an idea, project or concept of a technical, economic, scientific, theoretical, manufacturing, engineering, logistic, legal, business process, political or philosophic nature on the Website (« Idea Outline »). In the Idea Outline, the Initiator may explain what kind of contributions would be needed to realize or develop the Idea Project, bring it to the market or otherwise bring it to the next level. This can for instance be a financial contribution, the development of a marketing strategy, the development of a software or research on technical aspects, etc. The Initiator may also explain what kind of compensation he may offer for contributions to the Idea Project, such as a financial compensation, a participation in future profits or in a possible startup. The Initiator may also simply ask Users for feedback on his Idea in the form of Comments or Ratings. Based on the Idea Outline, the Website may automatically provide suggestions to the Initiator on how to improve his presentation of the Idea Project or on how to attract contributions to realize it.

 

As a second step, the Initiator may publish the Idea Outline on the Website and any User (« Contributor ») may post a contribution to the Idea Project (« Contribution »), a Comment or a Rating. The interaction and communication between the Initiator and the Contributors on the Website may lead to any possible type of cooperation or contract.

 

In addition, the Initiator may entrust SWIP to look for a company or individual interested in investing in the Idea Project or otherwise collaborating with the Initiator to realize the Idea Project, on the basis of the Idea Outline.

 

2. Launching an Idea Project

 

In order to create your own Idea Project, you shall fill out its specifications on the form meant for this purpose on the Website (« Idea Outline»). In the Idea Outline, you may describe in all detail your idea, project or concept, the goal to be reached or use to be made with the Idea Project, the background of the Idea Project, what contributions would be needed in order to realize the Idea Project and what type of compensation or cooperation you would consider.

 

3. Participating in an Idea Project as Contributor

 

If you wish to participate in an Idea Project as Contributor, you may post a contribution to the Idea Project on the Website (« Contribution »). In the Contribution, you may describe your ideas, input or intended method to realize the Idea Project, your background, qualifications and motivations, or any information you deem fit.

 

Based on your Contribution, the Initiator may contact you, discuss your contribution and suggest a possible form of cooperation or commercial transaction. Such process may lead to the conclusion of a binding contract. During such process, certain functionalities of the Website will help Initiator and Contributor(s) find a suitable form of cooperation.

 

4. No responsibility of SWIP

 

SWIP does not guarantee to any Initiator that an Idea Project will lead to results satisfying to or practicable for the Initiator. SWIP has no control over the Contribution and over the exchanges between Initiator and Contributors. SWIP does not accept any responsibility for the feasibility, accuracy or commercial viability of Idea Projects and Contributions.

 

SWIP does not guarantee that a Contributor will be offered a compensation or cooperation by an Initiator in exchange for a Contribution.

 

SWIP does not take any responsibility for any regulatory, tax or social security obligations that may rest upon the Initiator or the Contributor as a result of the Idea Project.

 

5. Initiator’s obligation to warn about potential hazards

 

The Initiator has the obligation to inform SWIP and the Contributor of any potential risks linked with attempts to realizing or working on the Idea Project, such as health risks linked to the handling of dangerous chemical substances, risks of injuries linked to engineering experiences, etc. Such information must be included in the Idea Outline.

 

6. Initiator’s IP Rights

 

Any information posted on the Website by an Initiator with relation to an Idea Project (in particular the contents of the Idea Outline) is proprietary information of the Initiator and is protected by the Initiator’s copyright or other rights, as the case may be. You as User agree not to copy, replicate or use for any commercial purpose any information published by the Initiator in relation to an Idea Project without the Initiator’s written agreement. You agree not to register any copyright, patent, trademark or others on information posted by the Initiator without the Initiator’s agreement.

 

You as Initiator agree that the information in the Idea Outline will be accessible to a high number of Users. SWIP cannot control the use made of such information. SWIP therefore accepts no responsibility in case such information is misused by Users.

 

7. Contributor’s IP Rights

 

You as Contributor to an Idea Project agree that your Contribution will be visible to the Initiator and to any other User. By posting a Contribution, you grant a worldwide, non-exclusive, irrevocable and unlimited, free licence to the Initiator on the contents on your Contribution, so that the Initiator may freely use of your Contribution. You waive receiving any compensation for your Contribution, unless agreed upon with the Initiator.

 

8. Payment of compensation to SWIP

 

The Initiator must pay a compensation to SWIP for its services if any of the following events takes place (« Triggering Event ») :

1. Someone purchases the Idea Project or part of it and the buyer is a User or learnt about the Idea Project from the Website or from SWIP, be it directly or indirectly. Any manner of granting any sort of right in the Idea Project (or part thereof) by the Initiator in exchange for a compensation in cash or in kind will be deemed to trigger this provision ;
2. The Initiator enters into a binding contract regarding the Idea Project with a User or with a person or a legal entity who learned about the Idea Project from the Website or from SWIP (be it directly or indirectly). Any contract with the purpose of realizing the Idea Project, bringing it to the market, researching on its feasibility or others will be deemed to trigger this provision ;
3. The Initiator and Users start or invest in a legal entity which purports to realize the Idea Project. This provision is also triggered in case the other shareholders or investors in the company in question are not Users, but have learnt of the Idea Project ; or
4. The Initiator entrusts a User or any other person who learnt about the Idea Project from the Website (be it directly or indirectly) to carry out a task related to the Idea Project in exchange for a compensation in cash or in kind, or the other way around. Any task which tends towards the realization of the Idea Project will be deemed to trigger this provision.

 

The amount of the compensation due to SWIP is specified in the price list published on the Website at https://about.swip.world/en/pricing. The payment of the compensation to SWIP for one Triggering Event does not release the Initiator from paying a compensation on further Events.

 

If the Idea Project leads to an employment relationship between the Initiator and a Contributor, the finder’s fee under Chapter I, Art. 17 will be due in addition to the compensation set in this article.

 

The Initiator has the obligation to disclose to SWIP any facts that may potentially qualify as Triggering Event. The compensation to SWIP is due within 30 days from the Triggering Event.

 

9. Assistance to the Initiator

 

During the duration of the Idea Project, one staff member of SWIP will be at the disposal of the Initiator to respond to any queries and provide assistance. Such assistance does not include assessing Contributions. The assistance is limited to a maximum workload of 5 hours per Idea Project. Extra effort may be charged additionnally.