THIS LICENSE GOVERNS THE USE OF COMMONS PLATFORM DEVELOPED AND MAINTAINED BY PLATFORM COMMONS FOUNDATION AND LICENSED BY (FRACTALGRID SOLUTIONS) OR “LICENSOR”

BY SIGNING THIS LICENSE, CUSTOMER AGREES TO THE TERMS OF THE PLATFORM. IF THE INDIVIDUAL ACCEPTING THIS LICENSE IS ACCEPTING ON BEHALF OF A CUSTOMER OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

THE LICENSOR ALLOWS THE USE OF COMMONS PLATFORM, SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT CUSTOMER ACCEPTS AND COMPLIES WITH THEM.

IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS MOU, THE LICENSOR WILL NOT AND DOES NOT GRANT THE USE OF COMMONS PLATFORM.

Definitions

For purposes of this license, the following terms have the following meanings:

• “Commons Platform” or “Platform” – The underline code, frameworks, workflows, rules, APIs, services, data layers, reporting and analytics logic, Artificial Intelligence and Machine Learning algorithms, and design created by owned by Platform Commons Foundation
• “Content” – The information and/or knowledge created by PCF, its partners, customers, users or obtained from permitted publicly available sources or third party content providers and made available to Customers & Users through the Services.
• “Controller” – The entity which determines the purposes and means of the processing of Personal Data.
• “Customer” – The entity that executed the MoU together with its Affiliates (for so long as they remain Affiliates) with the Licensor to offer and/or curate opportunities for Users, as permitted by law, using the software offered by Commons Platform.
• “Instance” – A physical installation of the Commons Platform that offers all bundled capabilities of the original platform.
• “Intellectual Property Rights” – Any and all intellectual property or proprietary rights throughout the world, including all: (i) patent rights (including patent applications and disclosures); (ii) registered and unregistered copyrights (including rights in software, including in source code and object code); (iii) registered and unregistered trademark rights; and (iv) trade secret rights.
• “Licensor” – The party as identified under the preamble.
• “Processor” – The entity which Processes Data on behalf of the Controller.
• “Services” – The sum of or a portion of products and services offered to Customers and Users or requested by Customer under an Order Form, Memorandum of Understanding, or online purchasing portal. “Services” exclude Content and Non-PCF Applications.
• “Tenant” – A group of users belonging to an organization who share a common access with specific privileges to the software instance. Each Customer has its independent Tenancy on the Platform Instance that separates that Tenant from other Tenants.
• “User” – The individual user of the Commons Platform, self-registered, registered, or invited by an existing User, onboarded by any Customer, or directly by the Platform. ‘Users’ shall be bound by the agreement & privileges defined in ‘Platform Commons Licenses – End User Agreement’.
• “User Data” – Data published and/or modified or updated by the user on any software product built on the Commons Platform.
• “Use” – The use of the Platform or any of its software products in order to fully realize the intended use-case including, but not limited to, clicks, impressions, usage logs, content published, emotions shared, by the User.

WHEREAS, the Customer agrees to have understood the Architecture of the Platform

Multi-Tenant

The Commons Platform operates in multi-tenant architecture that is designed to segregate and restrict access to customer data based on business needs. The architecture provides an effective logical data separation for different Customers via unique identifiers and allows user role-based access privileges. Additional data segregation is ensured by providing separate environments for different functions. Commons Platform has implemented procedures designed to ensure that organization’s data is processed only as instructed by the organization, throughout the entire chain of processing activities; thereby giving reasonable access to User data as defined in this MoU. User Interface allows Tenants to manage their own User Data, including Personal Data.

Multi-Domain

The Commons Platform is multi-domain aware, and the domain differentiating layer allows for specific needs and functions needed to create an impact in that domain. The domain layer acts as a layer of functional differentiation to the platform.

User Identity & Mobility

The Commons Platform respects mobility and protects the data of its Users and Users of Tenants.

Commons ID: Individual Users are identified via their unique Commons ID on the platform and all data pertaining to the User in question is stored in their respective Data Wallet. Commons ID is designed to restrict User’s Organization-Specific-Transactions within a Tenancy and Organization-Independent-Functions across tenancies.

Data Wallet: Data Wallet stores User’s Personal Data and a copy of all the transactions the User makes on the Platform and remains in the custody of the User under all circumstances. The Data Wallet linked to the User’s Commons ID allows Users to freely move from one Platform Instance to another, if and when needed.

Data Access and Data Portability: Users have the right to confirm with a Tenant through a human-readable click-wrap before signing-up on the platform. Through the clickwrap, the Tenant must provide the User with information about any processing, and the other parties with whom such personal data will be shared. Users have the right to port their personal data in a structured, commonly used, and machine-readable format so that they can transmit their own personal data to another organization or instance.

Right to Erasure: Also known as “the right to be forgotten,” this right empowers Users to request that a Tenant delete or remove their personal data in situations such as the following: when the data is no longer needed for the original purpose, when the User withdraws consent, or when the User objects to the processing and the Tenant has no overriding legitimate interest in the processing. A User can request personal data be deleted from the Tenant through the lines of communication that the Tenant sets up to accept such requests.

Federation of Multiple Instances

The Commons Platform has many instances and shall have many more instances globally to serve communities around Sustainable Development Goals. The Users of any Platform Instance shall always have the choice of moving from one platform instance to another, or from one app to another without losing personal information and tenant independent functions.

Software or Application Developer

The Software applications built on Commons Platform could either be created by PCF employed core team or via independent engineers or via 3rd party technology companies contributing to the Platform.

Content

Any content on the Commons Platform created by User, Customer, Tenant, or the Platform Instance Owner or its agents using public money or philanthropic money will be made available to the general public under Creative Commons license (CC-BY-NC-SA or CC-BY-NC-ND)

Governance & Administration

Customer has the right and the obligation to govern and administer their tenancy, inter alia.

• Adherence to Master Data – includes using projects from Projects Master Data or adding new opportunities to master data unless they are non-abusive, non-promotional, non-advertorial, non-political, and with-in constitutional framework.
• Defining standards for Products & Services – includes, product, project, and service specifications, quality standards, recommended price points, etc.
• Ensuring Users in the Tenancy comply with the defined standards.
• Resolve grievances from Users in their tenancy.
• Where applicable, conduct audits to ensure that Users comply with the platform rules.

WHEREAS, Customer agrees to User Rights, Customer Rights and Data Terms

1. User’s Personally Identifiable Information (PII), or any data that could potentially identify a specific individual, shall be fully owned by respective users, irrespective of where or by whom the data is hosted. For clarity, the User’s PII is not owned by the app developer, Platform, Customer, hosting agency, or hosting sponsor. PII includes any information pertaining to the Users, including but not limited to user profile, phone number, email, photographs, skills, domains, interests, identifying documents, etc. and can be created, edited, or modified only by the User in question, or by request of User to the Customer.
   
2. User’s Personally Identifiable Information (PII), is accessible only to the Customers engaging users on the Platform. The user agrees to be contacted by officially appointed leads from the Customer and the Platform. The Customer has the right to reach out to associate Users only to notify through phone, messages, or e-mail alerts of potential opportunities that may interest the User. The respective Party sending the notification shall be the Controller of such notifications and acknowledges that its use of the services will not violate the rights of any Users that have opted-out from sales or other disclosures of Personal Data, to the extent applicable under the law.
   
3. The customer agrees and acknowledges that a User Master Subscription Agreement is executed with all Users, which ensures protection of User rights and fair use of Commons Platform on any Product built using Platform Services. User has the right to accept or reject the User Master Subscription Agreement. If the User rejects the terms of the User Master Subscription Agreement, the Licensor will not and does not grant the use of that respective software product built on the Commons Platform. If the User accepts the terms of the User Master Subscription Agreement, the User gets to choose to associate oneself with the Enterprise or Opportunity of their choice, as far it’s legally allowed and approved to do so.
   
4. The customer understands the Platform Architecture and understands that the User has the right to subscribe to other Customers on the Platform or other Instances of the Platform offering opportunities relevant to the User. Users are free to choose the Customer and have the right to port their Personal Data Wallet in a structured, commonly used, and machine-readable format so that they can transfer their own personal data to another Customer or Instance. Data pertaining to transactions between the User and the moving-out Customer or moving-out Platform Instance remains with the respective moving-out parties.
   
5. For the benefit of the community, beneficiaries, Users, and Customers – the transactional and personal information is made anonymous by removing data that can identify a User, such as a name, address, email, and telephone number. As per the terms of the User Master Service Agreement, User acknowledges and allows the Customer and Platform Instance Owner to use anonymized information, protecting User’s privacy. For clarity, the Customer & Platform Instance owner has the right to access uploaded content, including text, video, images, shared on the platform, and may use it for reporting and marketing purposes. Parties acknowledge that its use of the content will not violate the rights of any Users that have opted-out from sales or other disclosures of Personal Data, to the extent applicable under the law.
   
6. For the benefit of the community, beneficiaries, Users, and Customers, personal information is aggregated by grouping together with other Users and Usage statistics to generate insights. As per the terms of the User Master Service Agreement, User acknowledges and allows the Customer and Platform Instance Owner to use aggregated information, protecting User’s privacy.
   
7. The customer is fully aware and understands the intent of the Platform and the purpose of which it is licensed by the Licensor and shall use the platform solely for the same purpose or for activities leading to achieving the purpose. The Licensor reserves the right to ban the Customer or delete the account if any misuse is found or reported. If the Customer is found misusing the platform, the Customer shall indemnify and hold the Licensor harmless.
   
8. Any content on the Commons Platform created by User, Customer, Tenant, or the Platform Instance Owner or its agents using public effort, public money or philanthropic money will be made available to the general public under Creative Commons license (CC-BY-NC-SA or CC-BY-NC-ND). For any violation of Creative Commons license terms, Licensor reserves the right to ban the Customer from the Platform.
   
9. Users, Customer, Tenants, and Platform Instance Owners must provide credits to the Platform Commons Foundation or PCF against the use of its software, wherever applicable. Claiming ownership of the platform, or software, or intellectual property of the software will be considered a violation of the MoU.
   
10. The Licensor may at any time, after providing reasonable notice to Customer, and at its sole discretion change the subscription fee. The choice to continue using the Platform will be with the Customer.
    
11. Customers may, with the appropriate consent(s) to do so, publicize all necessary information relating to opportunities. The customer, on in its sole discretion, decides the duration or modification of the availability of such opportunities. The customer acknowledges that Users can be notified for any new opportunities, new Customers, and new Platform Instances by the Platform.
    
12. Customer agrees to filter and delete any content shared by their Users that does not comply with the law of the land. The Licensor reserves the right to reject and delete abusive, offensive, derogatory content without assigning any reason. The Licensor reserves the right to reject and delete political, religious, and other sensitive content without assigning any reason.
    
13. The Licensor reserves the right to delete any Customer Data from the Platform, as it deems fit any time during the subscription period. In the event, Licensor determines that the Customer has violated any terms of this MoU or any other agreement entered into by the Customer, Licensor reserves the right to terminate this MoU with no liability whatsoever and reserves its right under the law. The Licensor agrees that it will not transfer any personally identifiable information that is classified such under Law, without the prior consent of Users.
    
14. The customer shall be solely responsible for the authenticity and accuracy of the opportunities posted and shall indemnify and hold the Licensor harmless against any claims from a third party as a result of using Platform or its products.
    
15. The customer agrees that this is a single license grant and the Customer hereby agrees that publishing of duplicate accounts will prompt the Licensor to deactivate the subscription. Such a decision shall be made at the Licensor’s sole discretion and without any notice to the Customer.
    
16. Licensor warns Customers for using the Platform for any commercial consideration or payment between the Customer (s) and any User (s). If the Customer proceeds to engage in a commercial arrangement with the aforementioned parties, the Customer shall be doing so at his or her own will, and shall indemnify and hold the Licensor harmless against any claims arising from a third party as a result of such commercial arrangements.
    
17. Though the Licensor digitally verifies the authenticity and accuracy of the profiles created by Users, it does not guarantee or offer any warranty of any nature (including but not limited to) about the credentials, status, or otherwise of the parties responding to the opportunities.
    
18. While the Licensor takes all reasonable precaution to ensure the safeguarding of Data, the Customer understands and accepts that The Licensor shall not be held liable for loss of any data, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond The Licensor’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
    
19. The customer shall be assigned usernames and passwords to register and operate on the Platform and access information. The customer assumes full responsibility to safeguard the password and avoiding any loss of data under any circumstances and acknowledges and releases the Licensor from any responsibility to safeguard the Data published by the Customer.
    
20. The customer is merely a Licensee and understands that the PCF owns the intellectual property to the Commons Platform. Pursuant to the foregoing, the Customer, therefore, warrants that the Customer will not modify, adapt, alter, translate, reverse engineer, decompile or create derivative works of the Commons Platform.
    
21. PCF reserves its right to change the look, feel, design, prominence, and depiction of the Software Stack and its apps at any time without assigning any reason and without giving any notice.
    
22. The Platform subscription is neither re-saleable nor transferable by the Customer to any other person, corporate body, or individual. Usage of subscription by parties other than the registered Customer of Platform is not permitted.

Governing Law

This agreement will be governed by the laws of Republic of India without application to the conflict of laws.