Terms and Conditions

Crainstorm Terms of Service and Confidentiality Agreement

By signing up to Crainstorm I agree to the following, as it pertains to brainstorms that I participate in or am prevue to as a member of the Crainstorm community:

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

1. Brainstorm Listing. The hiring brainstorms that are listed on the website are confidential and only made available to the Crainstorm community. The topic, nature, Host, budget, background, description or contents of the brainstorm shall not be shared with anyone outside of the web application.

2. Services. In connection with the services as a Contributor in the brainstorm, rendered by me, I may become aware of Confidential Information (as described below) of the Host and/or their clients. I recognize that the success of the Host and its clients depends in part on keeping Confidential Information confidential.

3. Confidential Information Defined. “Confidential Information” includes all information and materials, whether written or oral, disclosed to me relating to the Service and/or Host’s current and future business or that of the organization they are representing, whether or not such information and materials are marked "confidential."

4. Exclusions. Confidential Information does not include information that:

• (a) is or becomes generally known by the public through no action by me or anyone else bound by obligations of confidentiality with respect thereto;
• (b) was in my possession on a non-confidential basis prior to the disclosure; or
• (c) is or becomes available to me from an independent source that is not bound by obligations of confidentiality with respect thereto.

5. Safeguarding, Use and Disclosure of Confidential Information. I agree that the Confidential Information is highly confidential and proprietary to Host. Accordingly, I will not use or disclose Confidential Information except as expressly permitted herein. Further, I will:

• (a) safeguard the Confidential Information from unauthorized use or disclosure;
• (b) use the Confidential Information only for the benefit of Host and only for the purposes of providing the Services to Host;
• (c) not make copies of any Confidential Information;
• (d) disclose the Confidential Information only to persons who have signed a confidentiality agreement and who have a need to know the Confidential Information in order to provide the Services to Host.

6. Breach. I agree that unauthorized use or disclosure of Confidential Information by me would cause irreparable injury and harm to Host for which Host would not have an adequate remedy at law, and for which Host shall be entitled to obtain ex parte equitable relief in any court of competent jurisdiction, without the necessity of posting bond, in addition to pursuing other remedies at law or equity.

7. Return/Destruction of Confidential Information. I will immediately return any Confidential Information in my possession upon the request of Host.

PAYMENT TERMS

1. Host. Once a brainstorm has been funded, the funds are non-refundable. If there are less than your maximum desired Contributors active in a brainstorm, your budget will be reallocated to the remaining users. You will not be refunded any portion of the budget

2. Service Fee. Crainstorm (UpHouse Inc.) collects a 25% fee for service, this includes all payment fees by PayPal and Stripe. This fee comes directly from the brainstorm budget and remaining funds are then allocated to remaining attendees.

3. Host Payment. Payments for the brainstorms are made through Crainstorm via Stripe. The minimum budget for a Crainstorm event is $100 CAD. Funds are processed in Canadian dollars.

4. Contributor Payout. Payouts will be made to the Contributor’s email connected to the Crainstorm web application. Payouts will be made by PayPal and can be accessed through a PayPal account or affiliated account. Funds are processed in Canadian and/or US dollars. Payment will be released as early as 72 hours after the brainstorm if you attend past the 10-minute removal window

5. Kick Period. If the Host removes a Contributor in the first ten minutes of a brainstorm they will not be paid. Contributors can be removed from the session at a Host’s discretion. This may include poor Internet connection, offensive or inappropriate acts or commentary or if the Host does not feel the Contributor is prepared or is contributing value. This is up to the Host and rationale does not need to be provided.

OWNERSHIP OF IDEAS

1. Ownership of Contributor Ideas. The ideas that Contributors suggest, present or put forward in a Crainstorm brainstorm session (that relate to the subject of the brainstorm) will be owned by the Host of the brainstorm.

2. Quality of Ideas. Crainstorm (UpHouse Inc.) cannot guarantee that ideas generated or suggested by Contributors are original, accurate or free from restriction. Crainstorm (UpHouse Inc.) cannot be held liable to the quality, effectiveness or implications of these ideas. Crainstorm (UpHouse Inc.) is not responsible, and cannot be held liable for any outcomes from executing an idea generated on the Crainstorm web application.