Terms and Conditions

General Terms and Conditions

Version: NOVEMBER 22, 2023

I. Preamble

Ta-da is a data collection and data annotation platform (the “Platform” or “Ta-da” or the “Services”) where companies (the “Customer” or “Client” or “Company” or “You”) can have access to communities of workers worldwide (the “Workers” or “Producers” or “Checkers” or “Community”) to ask these workers to produce data or annotations based on the job (”Job” or “Work Assignment”) that has been submitted onto Ta-da. As a company that develops solutions, the Customers can specify what type of data (” instructions” or “criteria”) they need to be generated by the community when submitting their Job. These General Terms and Conditions (”Terms and conditions” or “T&C” or “GTC” or “Terms” or “Agreement”) govern the Customers’ access to and use of ta-da.io (and all the URLs that follow) (the “Web Site” or “Mobile Application” or “App” or ”ta-da.io”) and its services (“Services”) operated by Vivoka SAS (”Us” or “We”). We explain here the terms by which the Customer may use Ta-da and any of our technology, Services, and other mobile or web applications that we make available to our customers, and that the Customers have read, understood, and agree to be bound by these Terms and other forms and policies.

The present document constitutes the general terms and conditions of purchase/sale of all products and subscription to Services (hereinafter the “General Terms and Conditions”) governing the relationship between Ta-da, a brand of Vivoka SAS registered as a trademark with the Institut National de la Propriété Industrielle (INPI) and any person requesting or holding an account or contract opened in Ta-da’s books.

Ta-da has developed software, hereinafter referred to as the Web Site, including APIs and user interfaces accessible via the Internet, which are the subject of these General Terms and Conditions. Certain features of the Web Site may be subject to additional guidelines, conditions or rules, and the GTC may be supplemented, where appropriate, by terms of use specific to certain Services. In case of contradiction, the special conditions prevail over these GTC.

These GTC take precedence over all other documents provided for information purposes only (e.g., material for marketing purposes, presentation material for information purposes, etc.) and which do not constitute a contractual document.

Ta-da provides the Services and Products described in these GTC, in particular based on a mandate received from Customers, and thus operates the Web Site in compliance with Applicable Regulations.

The current Pricing Conditions are mentioned in the Pricing Policy page of the Site.

Subscription to Ta-da’s Services implies explicit and unreserved consent from the Customer to these GTC. By accepting these GTC, the Customer acknowledges having been expressly informed about the process and technical constraints of Ta-da’s Services. The acceptance of the GTC as well as the version accepted by the Customer will be kept and archived in a durable and unalterable manner.

If the Customer does not agree with these General Terms and Conditions, the services provided and offered by Ta-da must not be used.

II. Acceptance and amendment of the GTC

1. Initial acceptance

All customers and agents are deemed to have expressly accepted the present General Terms and Conditions either expressly or through the use of Ta-da’s existing and future services, products, tools and Web Site.

The General Terms Conditions in force can be consulted on the Web Site:https://ta-da.io/contact

2. Acceptance of modifications

2.1. General provisions

Ta-da reserves the right to change or modify these GTC at its discretion and at any time.

Any proposed modification will be communicated on a durable medium, by any means, including via the Web Site or by e-mail, to the Customer no later than 15 (fifteen) days before the envisaged date of application. When a modification is imposed by the Regulations, it may be applicable immediately.

All Customers and Agents are deemed to have accepted́ these Terms and Conditions either expressly or using Ta-da’s existing and future services, products, tools, and Web Site.

If a Customer does not accept changes to these GTC, this Customer must immediately cease using Ta-da’s Services. It is also recommended that the Customer reviews these GTC to ensure that the terms and conditions that apply to their access and use of Ta-da’s Services is well understood.

2.2. SCOPE OF VALIDITY

The company Vivoka maintains the Web-Site ta-da.io These Terms and Conditions will govern any acceptance of a work assignment by Ta-da and its Clients.

Any purported terms and conditions deviating from these Terms shall not apply unless Ta-da expressly declares this.

In the event of refusal of the modifications of these GTC, the Customer must request the closure of the account. The Customer must send a request to Ta-da support by filling out the form available at the following link: https://ta-da.io/contact

If the Customer does not expressly accept the said modifications duly notified within 2 (two) months of notification, the Customer shall be deemed to have unilaterally terminated the said contract binding him to Ta-da.

III. Terms and conditions and software license Ta-da

1. Definitions

“Blockchain “

Is a distributed ledger technology comparable to a public accounting ledger, anonymous and tamper-proof. The technology for storing and transmitting information is secure, transparent and operates without a central control body, designed so that each block of transactions contains the hash produced from the previous block, and used by Cryptoactives. By extension, a Blockchain refers to a secure, distributed database, shared by its various users, containing a set of transactions whose validity can be verified by anyone.

“Crypto-asset”: Crypto-assets or virtual digital assets that rely on blockchain technology through a decentralized registry and an encrypted computer protocol.

“Customer”

Any natural person or legal entity, consumer or professional, acting on its own behalf (“Agent”), having completed the necessary verification steps to have the right to purchase/subscribe a Product and/or Service on the Ta-da’s Web Site and is bound by the present contract.

“FIAT”

Fiat money is a government-issued currency that is not backed by a physical commodity, such as gold or silver, but rather by the government that issued it.

Euro or US dollar is a fiat currency for example.

“Login”

The unique identifier and password chosen or assigned to the Customer, enabling him to access his personal space on the Site, as well as the two-factor authentication to be used as a minimum to protect his account.

“Applicable Regulations”

The legal, regulatory and administrative provisions, as well as the professional standards in force for digital asset service providers (DASP) applicable to Ta-da in connection with these GTC.

“Service(s)”

Crypto Asset custody services on behalf of third parties, Crypto Asset exchange services in legal tender or Crypto Assets, digital asset purchase/sale services against legal tender, and other digital asset services.

“Site” or “Web Site”

The <https://www.Ta-Da.io/> website is operated by Ta-da.

“Smart Contract”

The automated computer program of an algorithmic nature capable of carrying out operations or producing scenarios on a Blockchain according to the conditions that have been imposed at its creation, which notably enables Lending operations.

“Wallet”: Digital wallet for storing crypto-assets

2. Object

These GTC apply to the contractual relationship between Ta-da, a brand of Vivoka S.A.S., registered in the Metz B Trade and Companies Register under number 829840735, intracommunity VAT number FR 48 829840735, whose registered office is located at 7/9 et 11 boulevard de la Solidarité, 57070, Metz (France), hereinafter referred to as “Ta-da”, and the Customer.

In addition to the customer’s receipt of these GTC on a durable medium at the time of subscription, these GTC are accessible and printable at any time via a direct link at the bottom of the Site’s home page: https://ta-da.io/.

The customer’s acceptance of the GTC are stored and archived in our computer systems in an unalterable, secure and reliable manner.

Ta-da reserves the right to modify the GTC at any time. In this case, the applicable conditions will be those in force at the date of the order by the Customer, unless expressly agreed otherwise in writing and signed by both Parties. In any case, the new GTCs will be brought to the attention of the Customer by means of an e-mail for current contracts, or by explicit acceptance for new orders.

The GTC may be supplemented, where applicable, by technical instructions for use of the Products and Services sold on the Site. In the event of contradiction, these GTC shall prevail over the user manuals, unless otherwise stated.

No special conditions not expressly approved by Ta-da shall take precedence over these GTC.

3. Site operator

The Site, the Products and the Services are operated by Ta-da, a brand of Vivoka SAS, a company listed above, which can be contacted at the following address:

Postal address: 7/9 et 11 boulevard de la Solidarité , 57070, Metz (France).

E-mail address: <contact@Ta-da.io>.

4. Access to the Site, Products and Services

4.1. Accessibility

Customers are personally responsible for setting up the IT and telecommunications resources required to access the Site. They are responsible for any telecommunications costs incurred when accessing the Internet and using the Site.

4.2. Registration and Business relationship

Registration is made by completing an online form. Once the form has been completed and validated, the Site sends an e-mail confirming the user’s request.

To be noted that you can also register by contacting the Ta-da team.

The user who has completed the necessary verification steps to have the right to purchase/subscribe a Product and/or Service on the Ta-da Site is deemed to have entered into a business relationship with Ta-da and is therefore considered a Customer bound by these GTC. At the time of registration, the Customer undertakes to provide accurate and complete data, and is required to complete all mandatory fields on the registration form.

The Customer will then validate his/her/its registration by sending a purchase order or by PO or by accepting Ta-da’s B2B offer.

Ta-da reserves the discretionary right to refuse any request to enter a business relationship.

4.3. Customer commitments

The Customer guarantees that the information he/she/it provides on the Web Site is accurate, complete, sincere, lawful and true, including the information appearing on his/her/its bank details (RIB) used to make transfers in his/her/ys favor.

In general, each Customer is required to:

Comply with applicable laws and regulations.
To behave fairly towards Ta-da and other Customers;
Respect Ta-da’s intellectual property rights.
Provide only accurate, complete and truthful data.
Make no commitments on behalf of third parties; and
Respect and apply your country’s tax laws.

In the event of a breach by the Customer of the GTC, Ta-da reserves the right to suspend access to the Account of the Customer concerned. Ta-da may terminate the business relationship at any time.

5. Customer obligations

(a) The Customer will cooperate with Ta-da to provide, as soon as possible, all information deemed useful and requested, in order to achieve a successful Service.

(b) The Customer is informed and accepts that the use of the Site, Services and Products that require to be connected to the Internet, and that the quality of the Site, Services and Products depends directly on this connection, for which the Customer is solely responsible.

6. Identification

Identifiers are personal and confidential. They can only be changed at the Customer’s request. For security reasons, Ta-da may require the Customer to change his/her password.

The Customer is solely and entirely responsible for the use of his Identifiers and undertakes to do everything in his power to keep them secret and not to divulge them to anyone whatsoever, in any form whatsoever and for any reason whatsoever.

7. Responsibilities and personal data

Ta-da, as the “Controller” of personal data (i.e., the entity that determines the purposes and means of processing personal data), collects and processes personal data (“Personal Data”), i.e., any information about an identifies or identifiable natural person relating to each user of the Services offered by Ta-da. The processing of Personal Data as described in these GTC applies to all user, i.e. natural Persons accessing or using Ta-da’s Web Site or Services.

Ta-da’s Privacy and Data Protection Policy is available and accessible on Ta-da’s Web Site.

Ta-da process Personal Data in accordance with applicable French and European legislation, in particular with Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, and Regulation 206/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the “Applicable Regulation“).

In the context of the operation of the Website and the provision of the services offered, Ta-da collects and processes the following categories of Personal Data relating to users, depending on the services they use or to which they have subscribed or are about to subscribe:

personal identification data (e.g., name, first name, address);
personal details (e.g., date of birth, gender);
identification data issued by public services (e.g., ID card number, passport number);
electronic identification data (e.g., e-mail address, IP address);
biometric identification data (e.g., dynamic signature);
data relating to the activity of the data subject (e.g., employment status);
identification data on the blockchain (e.g., the public address of the wallet);
transactions with Ta-da.
data relating to habits and preferences (e.g., data collected from browsing the Web Site and using the online forms on the Web Site).

Regarding the purpose of the processing of Personal Data, Ta-da processes or may process the user’s Personal Data according to the services to which he/she/it has subscribed or is about to subscribe:

insofar as such processing is necessary for the provision of the service or the performance of a contract between Ta-da and the user and/or Customer or for the execution of pre-contractual measures taken at the request of the user and/or Customer. Personal Data are processed for the implementation, administration and management of the contractual relationship as well as for the updating of information concerning the user and/or Customer.
to the extent that such processing is necessary to comply with a legal obligation to which Ta-da is subject or any other legal obligation to which Ta-da may be subject under applicable regulations.
insofar as such processing is necessary for Ta-da’s legitimate interest in providing quality services best suited to the needs of its users and/or Customers and therefore for the purpose of developing commercial strategies, prospecting and marketing products and services promoted by Ta-da.
insofar as such processing is necessary for Ta-da’s legitimate interest in ensuring the safety of its staff, users and/or Customers and in protecting the property for which Ta-da is responsible, as well as to prevent all types of incidents and accidents.

The user who communicates to Ta-da Personal Data relating to third parties, for example family members, must be authorized to do so by these third parties and inform them that Ta-da processes Personal Data for the same purposes and in the same manner as set out in the section dedicated to the processing of Personal Data in these General Conditions.Personal Data may be transferred by Ta-da to (i) external service providers whose intervention is necessary within the framework of the Services provided to the user and/or Customer, (ii) external service providers whose intervention is necessary within the framework of Ta-da’s legal and regulatory obligations. These recipients of Personal Data are required to comply with legal and contractual obligations regarding the protection of Personal Data.Ta-da only collects information that is necessary for the execution of the services to the user and/or Customer and for the fulfilment of its legal obligations. Personal Data is collected directly from the Customer (e.g., through a form when subscribing to a service) and from third parties. Refusal to communicate Personal Data to Ta-da and the prohibition to process them is left to the discretion of the user and/or Customer but could prevent the continuation of a relationship with Ta-da or the provision of certain products or Services by Ta-da. Ta-da may also transfer Personal Data at the request of the user and/or Customer.Each natural person has the following rights:

A right of access to Data,
A right to seek correction of incorrect Data,
A right to object to the collection and processing of Data,
In case of exercise of the right to object, Ta-da will cease processing the Personal Data, unless there are compelling legitimate grounds for the processing, or for the establishment, exercise or defense of legal claims, in accordance with the Applicable Regulations.
A right to the erasure of his/her Data,
A right to limit the collection and processing of his/her Data,
A right to the portability of his/her Data.

These rights can be exercised by contacting Ta-da, a brand of Vivoka, the company that collected the personal data, as follows.By post, by writing to us at the following address.7-9 and 11 Boulevard Solidarité, METZ 57070 (France)By e-mail: contact@ta-da.io

Ta-da shall send a reply within 1 month after the exercise of the right. In some cases, due to the complexity of the application or the number of applications, this period may be extended by 2 months.

Ta-da undertakes not to keep the user’s Personal Data beyond the period strictly necessary for the purposes of their processing and in accordance with the Applicable Regulations. Ta-da undertakes to archive or delete the user’s Personal Data as soon as the purpose and/or duration of its retention expires. These maximum periods as detailed in Ta-da’s Privacy Policy apply unless the user requests deletion or cessation of processing of his/her Personal Data before the expiry of these periods.

Cookies and Web Beacons

When using the Web Site and/or the Services offered by Ta-da, information relating to the navigation of the user’s terminal may be recorded or consulted in cookie files installed on the user’s terminal, subject to the choices the user has expressed concerning cookies and which he may modify at any time. The user may also refer to the policy on cookies and other tracers available and accessible on the Ta-da’s Web Site.

By accepting the GTC, the user and/or Customer acknowledge that they have read the provisions of the Privacy Policy available on the Web Site.

8. Products and services

Ta-da has developed software, hereinafter referred to as the “Ta-da Solution”, accessible in the form of a platform including APIs and user interfaces accessible via the Internet through the Web Site, which is the subject of these GTC for the provision of online services.

In all cases, the sale is deemed concluded upon receipt of payment by Ta-da and cannot be cancelled by the Customer.

Invoices for completed orders are received by e-mail and are available on the Customer’s interface on the Site.

Ta-da reserves the right to refuse or cancel any order from a Customer, particularly in the event of the said Customer’s insolvency or in the event of non-payment of the order concerned or of a previous delivery or of a dispute relating to the payment of a previous order or of non-compliance with the regulatory and/or legal obligations applicable.

1. Services Provided by Ta-Da

(a) Quality Insurance

Each time a workers performs an action (production or vote) he locks in a deposit (a small number of tokens).

When a Producer’s data is validated by the checkers, the Producer earns some tokens. In the opposite case, the Producer earns nothing and loses his deposit. The deposit is a structural incentive system for producers and checkers found to ensure that Producer will do a good job, even if it is insignificant compared to the gains. This set-up has deep roots in DeFi and blockchain protocols in general and is proven to work.

For the Customers, thanks to the blockchain, they have the possibility to check that the data is produced and checked as required. They can also check that what is delivered is what they paid for.

2. Price

Ta-da reserves the right to modify the price of Products and Services available on the Ta-da’s Web Site at any time, it being understood, however, that the price indicated in the order confirmation will be the only price applicable to the Customer.

3. Payment

The price invoiced to the Customer is the price indicated on the order confirmation (or “Order”) sent by Ta-da.

4. Disputes and claims

Disputes should be sent to Ta-da by e-mail (partnerships@ta-da.io) or by post, postmarked for mail, to the following address:

7/9 and 11 boulevard de la Solidarité, 57070, Metz (France)

The Customer agrees not to contest any transaction carried out on the initiative of one of its legal representatives whose cessation of functions has not been notified to Ta-da.

The Professional Customer has fifteen (15) calendar days from receipt of the order confirmation (or Order) to contest the order.

5. Refunds

Whatever the means of payment, refunds will be made in Fiat currency by bank transfer or in credit notes, at the customer’s discretion; except in the case of a payment made by a third-party service provider who allows a refund to be made by the same means used for payment.

6. Ta-da’s obligations regarding products and services

(a) Ta-da undertakes to use its best efforts, in accordance with the rules of the trade, to carry out the assignment and the present agreement. The present obligation is, by express agreement, purely and solely an obligation of means.

(b) Ta-da is automatically released from any commitment relating to the commencement of performance if:

The terms of payment have not been observed by the Customer.
The information, documents or services to be provided by the Customer hereunder have not been delivered within a reasonable time.
In the event of force majeure as defined below.

7. Obligations of vigilance

Ta-da is obliged – by virtue of penal provisions punishing corruption or the laundering of money derived from drug trafficking or the laundering of the proceeds of any felony or misdemeanor – to make enquiries of its customers about any transactions which appear to it to be unusual, in particular because of their method, amount or exceptional nature in relation to those hitherto handled by the latter.

The Customer undertakes to notify Ta-da of any transactions that are exceptional in relation to the transactions usually recorded on his account, and to provide Ta-da with any information or supporting documents required.

8. Liability – force majeure

1.1. General

Ta-da declines all responsibility for the use and allocation by the Customer of sums paid in connection with Services and Products and cannot under any circumstances be held liable for misappropriation of funds or misuse of corporate assets committed by the Customer.

Ta-da shall also not be liable to the Customer for any loss or damage that the Customer may suffer because of the Customer’s failure to provide Ta-da with accurate account information or as a result of Ta-da’s inability to maintain the confidentiality of the Customer’s Credentials.

Ta-da shall not be liable for any act or omission, non-performance, partial performance or delay in performance of its obligations in connection with damage or loss suffered directly or indirectly by the Customer as a result of an act or omission of the Customer or any person connected with the Customer.

Ta-da shall not be liable to a Customer or to any third party for any degradation, suspension or interruption of the Services and Products attributable to force majeure as defined by established French case law, to the act of a Customer or third party, or to the inevitable hazards that may arise from technology, fluctuations in the price of Crypto-Assets and the complexity of implementing the Services and Products.

Ta-da cannot be held liable in the event of misuse of the Services and Products by the Customer, or theft or compromise of the Customer’s connection information.

In any event, Ta-da’s liability hereunder is expressly limited to proven direct damages suffered by the Customer and attributable to Ta-da.

1.2. Force majeure

Any event beyond the control of the Parties, external to Ta-da and which it is impossible reasonably to foresee and overcome, will be considered as an event of force majeure.

Accordingly, Ta-da shall not be held liable for any delay or non-performance of its contractual obligations resulting from the occurrence of events beyond its control, such as, in particular: acts of God, weather disturbances, absence or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, public disturbances, acts or omissions on the part of other telecommunications operators, or other events which depend on the very nature of the Crypto-asset concerned as well as the Smart Contract and the counterparty concerned. Such events are beyond Ta-da’s reasonable control.

Any circumstances of this nature arising after the conclusion of these GTC. and preventing the performance of the Services under normal conditions shall be considered as grounds for exemption from all or part of the obligations of the parties. Consequently, Ta-da cannot be held responsible for any resulting interruptions.

2. Account closure and other customer requests

Requests to close an account or any other request should be made to Ta-da’s support by completing the form available on the following link: https://www.Ta-da.io/contact.

Requests will be processed within a reasonable time.

Account closures will be completed and confirmed one month after the request.

In accordance with article L. 561-12 of the French Monetary and Financial Code, financial organizations (including Ta-da) are required to keep all documents and information collected on their customers, including the beneficial owner, for 5 years from the termination of business relations.

Fees due to Ta-da will be collected and paid in full before the Customer’s account is closed.

3. Language

These GTC are written in the English language, which governs the contractual relationship between the parties. Any translations are purely indicative and not legally binding. The French version prevails over any translation.

4. Autonomy

If any provision of this agreement is invalid, such provision shall not be enforced by reason of its invalidity, but the remaining provisions of the agreement shall remain in full force and effect.