Native Terms of Use

The following terms of use govern use of the Native Intelligence LLC mobile applications, the Native website at native.io , the Native Platform, and the products and services available through them. Accessing or using the service constitutes acceptance of this agreement.

Please take time and carefully read through this agreement. You may only use the service on behalf of a company with that company’s advance written authority. In this agreement, “you,” “your,” or “User” refers to you or the company on whose behalf you are using the service. The service is owned and operated by Native Intelligence LLC. If you find anything in this agreement confusing, contact support@native.io .

These terms contain a mandatory individual arbitration provision and a class action and jury trial waiver that requires disputes to be resolved on an individual basis rather than in court or through a class proceeding.

If you do not agree to all of the terms and conditions in this agreement, do not create an account and do not use or access the service.

The service may only be used by persons who are at least 18 years old or have reached the age of majority in the state or country where they reside when creating an account and when completing any task.

Native Intelligence’s privacy policy is incorporated into these terms by reference and is available here: Privacy Policy . The privacy policy is also accessible from the app. Native Intelligence strongly recommends that you review it closely. Your agreement to these terms also constitutes agreement to the privacy policy, as amended from time to time.

As a condition of receiving any consideration under this agreement, you certify that neither you nor any person engaged by you to provide services under this agreement:

• Is domiciled or resident in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region of Ukraine or Russia, or any other country or territory that becomes subject to comprehensive sanctions imposed under U.S. Department of the Treasury sanctions programs.
• Is subject to trade restrictions imposed by the U.S. government, including restrictions imposed by the Departments of the Treasury, Commerce, or State under sanctions or export control laws.

Native Intelligence takes fraud prevention and legal compliance seriously. As a condition of being qualified to sign up for and complete tasks, you acknowledge and agree that Native Intelligence may conduct background and security checks as it deems appropriate in its sole discretion.

You further certify and attest that:

• You are not identified on any list of prohibited parties maintained by the United Nations Security Council, the U.S. government, the European Union or its member states, or the government of your home country if you are located outside the United States and the European Union.
• You are not owned or controlled by, or acting on behalf of, a person or entity on any such list.
• You are not otherwise restricted from receiving payments from, or performing services for, Native Intelligence under applicable U.S., EU, or other laws or regulations.
• You do not support, are not associated with, and are not actively involved in terrorist activities.
• You will not provide financial or non-financial support to any individual or organization associated with terrorist activities as a result of obtaining remuneration from your relationship with Native Intelligence.
• You are at least 18 years old or the legal age of majority where you reside and complete tasks, are legally permitted to use the service, and take full responsibility for your selection and use of the service.

Failure to satisfy any of these conditions may result in civil liability to Native Intelligence or others, may constitute a crime, and will result in immediate termination of this agreement, forfeiture of consideration where permitted by law, legal proceedings, and notification to the proper authorities.

Subject to this agreement and compliance with it, Native Intelligence will provide you with the service for your use only in accordance with all documentation and written instructions provided by Native Intelligence, including materials posted on the site, distributed through the app, or specified in task descriptions.

You acknowledge that the service will sometimes be unavailable for maintenance and updates. After updates, you may find new features added or existing features removed.

You are responsible for obtaining and maintaining any equipment or services needed to connect to and access the service, including internet access, wifi service, messaging services, modems, hardware, software, and telephone service, and for ensuring compatibility with the service.

You are responsible for all expenses associated with use of the service and completing tasks, including internet fees, wifi fees, messaging fees, cellular or wireless service fees, software or equipment upgrades, and data transmission fees.

If you drive or operate a vehicle, motorcycle, scooter, or any other personal transportation device while completing tasks, you must do so safely and must not use a phone or other device while the vehicle is moving. You must also maintain at least the minimum liability insurance required by law or, where there is no legal minimum, a reasonable amount of applicable liability insurance. Native Intelligence is not responsible for any loss or injuries caused by you while completing a task, and you will indemnify Native Intelligence for third-party claims arising from your actions while completing tasks.

Users who download the app may sign up to complete surveys, provide videos, screenshots, photos or recordings of themselves or what they observe, or undertake other projects. The requirements for each task, including timing, location, required activity, and the form of the deliverable, are specified in the task notice and are incorporated into this agreement by reference.

The task notice may also provide additional information regarding data collection, use, or sharing that supplements the privacy policy. It also specifies whether consideration will be added to the user’s balance upon completion and approval of the task submission. Consideration becomes available only once the task is completed in compliance with this agreement and verified or approved. No employment relationship is created by signing up for or completing tasks.

Native Intelligence may change, suspend, or discontinue the service at any time, including the availability of any feature, database, or content. It may also impose limits on certain features or restrict access to parts or all of the service without notice or liability.

Native Intelligence reserves the right to modify this agreement at any time by posting a notice on the site, the platform, or through the app, or by sending notice by email or postal mail. You are responsible for reviewing and becoming familiar with any modification. Use of the service after such notice constitutes acceptance of the agreement as modified.

All content made available through the service, including trademarks, text, graphics, data, metrics, logos, icons, images, audio clips, digital downloads, data compilations, materials, and software, is protected by copyright, trademark, trade secret, patent, or other proprietary rights and laws.

Except as expressly authorized by Native Intelligence in writing, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from that content, and you may not use Native Intelligence trademarks except to refer to Native Intelligence or its products and services.

You may print or download a limited reasonable number of copies of content from the app, site, or platform for your own noncommercial informational purposes so long as you retain all copyright and proprietary notices. Any other reproduction, copying, or distribution is strictly prohibited without prior written permission.

Except as expressly set forth in this agreement, Native Intelligence alone, and its licensors where applicable, retain all intellectual property rights relating to the service. This agreement is not a sale and does not convey any ownership rights in the service, its content, or any related intellectual property rights.

If you contribute content to the app, site, or platform, or provide content in connection with a task, you grant Native Intelligence and its successors and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to fully exploit and sublicense that content for any purpose and to allow others to do so, including parties that engaged Native Intelligence to manage tasks and those parties’ customers.

You waive any moral rights, rights of publicity, and rights of attribution you may have in that user content. Native Intelligence reserves the right to remove user content from the app, site, or platform at any time for any reason or for no reason.

You represent and warrant that you have all rights necessary to provide the user content and grant the rights described above, that the user content does not infringe or violate the rights of any third party, that completing tasks will not conflict with your obligations to any third party, and that neither the user content nor its submission violates any law or regulation.

If user content includes personal data, that data will be handled in accordance with the privacy policy. You also acknowledge and consent that personal data contained within user content may be used by Native Intelligence for the purposes identified in this agreement and may be shared by Native Intelligence with its customers and, in turn, their customers, including for posting on social media platforms and other public forums.

If you provide suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the service, you grant Native Intelligence a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to fully exploit and sublicense that feedback for any purpose. Native Intelligence may act on feedback without any obligation or consideration, and any feedback provided is deemed non-confidential.

You represent that any feedback you provide does not violate the rights of any third party, including copyright, trademark, privacy, or other rights.

As described in the privacy policy, Native Intelligence may analyze data it collects or that you provide, including images, videos, recordings, screenshots, and photos, using artificial intelligence. Native Intelligence’s customers, and their customers, may also use artificial intelligence in their analysis of data provided by Native Intelligence.

Native Intelligence may, in its sole discretion, assist users who suffer hardship in the course of completing tasks. That hardship might include obtaining new equipment, replacing lost or damaged equipment, or compensation for serious bodily injury, personal property damage, lost work, fines, or penalties. Requests for assistance can be sent to support@native.io .

Safety and full legal compliance are priorities at Native Intelligence. Users should always act safely and responsibly, without putting themselves or any third party at risk of bodily harm or property damage. Native Intelligence does not encourage or endorse trespass, invasions of privacy, property damage, or any unsafe or unlawful conduct. Users must comply with the law at all times, including while driving or operating a vehicle, and must not drive while distracted or while using a phone or other electronic device.

You may not use the service or any content for any purpose that is unlawful, prohibited by this agreement, or that infringes the rights of Native Intelligence or others.

You also agree not to:

• Access, tamper with, or use non-public areas of the service or Native Intelligence computer systems.
• Attempt to probe, scan, or test the vulnerability of Native Intelligence systems or networks, or breach security or authentication measures.
• Attempt to circumvent technological measures implemented by Native Intelligence to protect the service or its content.
• Attempt to decompile, disassemble, or reverse engineer software used by the service.
• Violate any applicable national, state, local, or international law or regulation.
• Invade a person’s privacy.
• Enter a non-public space or a space where individuals have a reasonable expectation of privacy.
• Encourage or enable any other party to do any of the foregoing.

As a condition to reviewing or completing tasks, users are required to download the app, create an account, provide year of birth, and allow access to certain smartphone features including location services. Depending on location, users may need to provide Google or Apple credentials or register with Native Intelligence directly and select a password and username.

As a condition of using a platform, users may also be required to provide name, year of birth, address, and contact information, and to select a password and Native Intelligence user ID.

You must provide accurate, complete, and updated registration information. Failure to do so constitutes a breach of this agreement and may result in immediate termination of your account.

You may not impersonate another person, use another person’s credentials, or select a user ID subject to another person’s rights without authorization. Native Intelligence reserves the right to refuse registration of or cancel a user ID or other registration in its discretion.

You are responsible for maintaining the confidentiality of your password and other account information.

Any user who registers with Native Intelligence from outside the United States agrees not to use the app or otherwise access the service from within the United States.

You are responsible for all of your activity in connection with the service, including any bodily injury, property damage, or other loss caused by you in connection with a task. To the extent permitted by law, you shall defend, indemnify, and hold harmless Native Intelligence, its affiliates, and their employees, contractors, directors, suppliers, and representatives from liabilities, claims, and expenses, including reasonable attorneys’ fees, that were not caused by Native Intelligence’s own negligence or wrongful conduct and that arise from your use or misuse of the service, your access to any part of the service, or your violation of this agreement.

Except as otherwise required by law, the service, including the app, site, platform, and any software, is provided on an “as is” basis, without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Native Intelligence makes no warranty that the service is free of viruses or harmful components, will be secure or available at any particular time or location, that defects or errors will be corrected, or that the results of using the service will meet user requirements. User use of the service is solely at the user’s own risk.

The laws in certain states or countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, some or all of the foregoing disclaimers, exclusions, or limitations may not apply.

In no event shall Native Intelligence, its officers, directors, owners, employees, agents, vendors, or suppliers be liable under contract, tort, strict liability, negligence, or any other legal theory with respect to the service for lost profits, special, indirect, incidental, punitive, or consequential damages; bugs, viruses, Trojan horses, or the like; errors or omissions in data or information; or direct damages in excess of US$100 in the aggregate, unless a higher amount was paid for a specific service or feature.

Native Intelligence is also not liable for losses resulting directly or indirectly from a user’s inability to access or otherwise use the service, including delays or interruptions caused by equipment failures, denial of service attacks, telecommunications problems, internet issues, utility failures, or date data processing failures.

The laws in certain states or countries do not allow exclusion or limitation of incidental or consequential damages, so some of these limitations may not apply. For the avoidance of doubt, the limitations and exclusions in the preceding paragraph do not apply to residents of New Jersey.

Native Intelligence may terminate your access to all or any part of the service at any time, with or without cause, effective upon termination of your account. If Native Intelligence determines there may be an immediate threat, it may terminate access without notice.

You may terminate your account and registration at any time by deleting the account from within the app, deleting the app from your devices, stopping use of the service, and contacting support@native.io with any inquiries.

Upon termination, you will no longer access or attempt to access the service. Provisions that by their nature should survive termination will survive, including dispute resolution, jurisdiction, choice of law, waiver of class actions and trials, content ownership, warranty disclaimers, and limitations of liability.

This agreement is governed by and construed in accordance with the laws of the State of Delaware, as if made within Delaware between two residents thereof.

The parties agree to personal jurisdiction in Delaware, USA. For matters not subject to arbitration, and for proceedings to compel arbitration or confirm, modify, vacate, or enter judgment on an arbitral award, the parties agree to personal jurisdiction and venue in the state and federal courts located in Delaware.

Except as expressly provided in this agreement, any dispute, claim, or controversy arising out of or related in any way to this agreement, the app, site, platform, services, or marketing thereof, including disputes about the scope or applicability of this arbitration agreement and claims that accrued before you entered into this agreement, shall be resolved by arbitration in accordance with the rules and procedures of JAMS in effect when the arbitration begins.

The only claims not covered by arbitration are claims regarding infringement, protection, or validity of your, Native Intelligence’s, or its licensors’ trade secrets, copyrights, trademarks, or patent rights.

This agreement to arbitrate survives termination. Arbitration will be before a single arbitrator. The arbitrator may not award damages contrary to the terms of this agreement. The arbitrator will be selected by joint agreement of the parties, or by JAMS if the parties cannot agree within 30 days after notice of intent to arbitrate. The written decision of the arbitrator will be final and binding and enforceable in any court. Arbitration shall be initiated and take place in Delaware, in English, unless otherwise agreed, and may be conducted virtually.

Any arbitration under this agreement will take place on an individual basis only. Class arbitrations and class actions are not permitted. By entering into these terms, you and Native Intelligence each waive the right to trial by jury and the right to participate in a class or representative action.

The failure of either party to exercise any right provided for in this agreement shall not be deemed a waiver of any further rights under it.

You acknowledge and agree that you are not an employee, agent, partner, or joint venture party with or of Native Intelligence, and you do not have authority to bind Native Intelligence in any respect.

Native Intelligence shall not be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control, including mechanical, electronic, or communications failures or degradation.

If any provision of this agreement is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the agreement remains in full force and effect.

This agreement is not assignable, transferable, or sublicensable by you except with Native Intelligence’s prior written consent. Native Intelligence may transfer, assign, or delegate this agreement and its rights and obligations without consent.

Except as expressly set forth otherwise, this agreement, as supplemented by the specific terms of any task, Native Intelligence rules, procedures, or policies, including the privacy policy incorporated herein, and the policies and rules of the app platform from which the app was obtained, is the complete agreement of the parties. If there is a conflict between this agreement and an earlier agreement or policy, this agreement controls.

You shall comply at your own expense with all applicable federal, state, and local laws, including income tax laws. This agreement is void where prohibited by law, and the right to access the service is revoked in such jurisdictions.