Effective date: 12/22/2025
These Terms of Use (the "Terms") are a binding contract between you ("you" or "Participant") and Baker Data LLC ("Company," "we" and "us"). Your provisioning of the data collection services ("Services") and use of the D8A application ("Application") in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Application and/or provide the Services. These Terms include the provisions in this document as well as those in the Privacy Policy attached hereto as Exhibit A. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about the Services. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE APPLICATION AND PARTICIPATION IN THE SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE APPLICATION IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Notwithstanding any provision hereof, Participant is an independent contractor or employee of a company that provides staffing services for Company, by recruiting Participants to complete tasks while recording video data ("Third Party Provider") and is not an employee, agent, partner or joint venturer of Company or any of its affiliates. Company has no control over the location, manner or hours in which the Services are performed by Participant. Third Party Provider is solely responsible for any and all compensation and benefits of Participant and Company will have no responsibility therefor even if Third Party Provider fails to fulfill its obligations to Participant. Participant shall not be eligible to participate in any of Company's employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs. Company shall not provide workers' compensation, disability insurance, Social Security or unemployment compensation coverage or any other statutory benefit to Participant; again, all of that is solely the responsibility of Third Party Provider and Participant. Participant agrees to indemnify Company from any and all claims, damages, liability, settlement, attorneys' fees and expenses, as incurred, on account of the foregoing or any breach of these Terms or any other action or inaction by or for or on behalf of Participant.
Participant shall perform the Services and provide the commissioned content ("Content") in accordance with instructions provided to participants through the Application (the "Content Requirements"). The Content Requirements detail specific behaviors that the participant is expected to perform while recording video, using the Application. To meet the Content Requirements, participants must avoid:
Participant shall ensure that all Content is captured and submitted solely through the Application, using only devices and accounts authorized by Company, and shall not bypass, disable, interfere with, or attempt to manipulate any technical, security, or quality-control measures in the Application or any Company-provided device. Participant is solely responsible for the collection, accuracy, legality, and completeness of the Content, including compliance with all assignment instructions, geographic, temporal, and technical requirements communicated by Company, Third Party Provider, or the Content Requirements.
Participant shall not (a) fabricate, stage, or falsify Content or associated metadata; (b) reuse, recycle, or upload duplicate or previously captured Content except as expressly permitted in writing by Company; or (c) use any automated tools, scripts, or unauthorized software in connection with the Services or the Application. Participant shall promptly notify Company if Participant becomes aware of any actual or suspected breach of this Section, the Data Collection Policy, or any applicable law in connection with the Services, and shall cooperate with Company in any investigation or remedial action.
Company shall have the sole and absolute discretion to determine whether Participant may access or continue to access the Application and/or perform the Services. Company may at any time, with or without notice, suspend or terminate Participant's access to the Application, participation in the Services, and/or eligibility to receive new tasks or assignments, including in response to actual or suspected violations of this Agreement, the Data Collection Policy, applicable law, or Company's policies. Participant acknowledges and agrees that Company may, in its sole discretion, communicate with Third Party Provider regarding Participant's eligibility, status, performance, or removal from the Services, and may request that Third Party Provider suspend, limit, or terminate Participant's ability to perform tasks or receive compensation in connection with the Services. Participant waives any claim against Company arising from or relating to such suspension, limitation, termination, or communications, except to the extent prohibited by applicable law.
Company shall have sole and absolute discretion over all aspects of the Content, including whether any Content is accepted, stored, archived, modified, or deleted, and over any technical or quality standards that the Content must meet. Company may reject, remove, or require Participant to re-capture or re-upload any Content that does not meet the Content Requirements or Company's quality, technical, safety, or policy requirements, with or without notice, and without any obligation to Participant other than as expressly set out in these Terms.
Participant acknowledges and agrees that any credits, points, or other forms of value associated with the capture or upload of Content under these Terms shall be determined by Company in its sole discretion, based on Company's internal records and systems. Company's records regarding the quantity, timing, and status of Content, as well as any associated value, will be final and binding on Participant, absent clear and demonstrable error.
Participant understands and agrees that Company does not pay any wages, fees, or monetary compensation directly to Participant in connection with the Content or these Terms. Any payments or monetary consideration that Participant may receive, are made solely by Third Party Provider pursuant to its own terms and conditions, and Participant agrees to look exclusively to Third Party Provider for any such payments and to waive any claim against Company for compensation.
You represent and warrant that You currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Application and/or provide the Services: (a) you are at least eighteen (18) years old; (b) you comply with all laws, rules and regulations in connection with your use of the Application and the provision of any Services, including without limitation legal authorization to work in the jurisdiction in which you provide Services; and (c) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use.
You represent and warrant that: (i) the Services have been and will be performed in a professional and workmanlike manner and that none of such Services is or will be inconsistent with any obligation you may have to others; (ii) the Content is original to you and you have the full right to provide Company with the assignments and rights granted herein; (iii) the Content does not and shall not infringe upon or misappropriate the rights of any third party, including but not limited to trademark, copyright, or trade secret rights, rights of publicity or privacy, or rights against defamation. You shall not grant any third party any right to use or exploit the Content or Content IP. You shall indemnify and hold Company and its affiliates and their respective employees, officers, agents, customers and assignees harmless from all damages, claims, liabilities, costs, losses and other expenses that arise out of your breach of any representation or warranty hereunder.
You further represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Application, or otherwise use or interact with the Application, in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Application.
Warranty Disclaimer. Company and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Company and all such parties together, the "Company Parties") make no representations or warranties and the Company Parties will not be responsible or liable for any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in the Services or use of the Application. THE APPLICATION AND APPLICATION CONTENT ARE PROVIDED BY Company (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
Company is the exclusive owner of the Content and the Content IP and shall have the exclusive right (but not the obligation) to secure registration of the Content. "Content IP" includes, without limitation, all patent rights, copyright rights, trademark rights, moral rights, publicity rights, rights in derivative works, privacy rights and any other intellectual property or proprietary rights anywhere in the world covering or embodied in or relating to any Content, including any goodwill associated therewith. Participant hereby irrevocably makes all assignments necessary to accomplish the foregoing ownership throughout the world and in perpetuity as if Participant was an employee of Company. Participant shall assist Company, at Company's expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce and defend any rights assigned. Participant hereby irrevocably designates and appoints Company as Participant's agent and attorney-in-fact, coupled with an interest, to act for and on Participant's behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Participant and all other creators or owners of the applicable Content. No rights in the Content or in the Content IP shall be retained by Participant, nor will any rights revert to Participant in the future.
Participant agrees that all business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) that are, may be, or have been developed, learned or obtained by or for or on behalf of Participant in connection with the Services, constitute "Proprietary Information." Participant shall hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information. Participant also recognizes and agrees that Participant has no expectation of privacy with respect to Company's telecommunications, networking or information processing systems (including, without limitation, the Application, stored computer files, email messages and voice messages) and that Participant's activity, and any files or messages, on or using any of those systems may be monitored at any time without notice.
The rights granted to Company hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral," or the like. If any part of the Services or Content provided hereunder is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed and otherwise exploited without using or violating technology or intellectual property rights owned by or licensed to Participant (or any person involved in the Services) and not assigned hereunder, Participant hereby grants Company and its affiliates and successors a perpetual, irrevocable, worldwide royalty-free, non-exclusive, sublicensable right and license to exploit and exercise all such technology and intellectual property rights in support of Company's exercise or exploitation of the Services and Content performed or provided hereunder, or any assigned rights (including any modifications, improvements and derivatives of any of them).
In order to use the Application and participate in the Services, you will be required to sign up for an account and provide us with certain information or data, such as your contact information. You must protect the security of your account, password and any other access tools or credentials.
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
The materials displayed or performed or available on or through the Application, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the "Application Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Application Content you access through the Application, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Application Content not owned by you, (i) without the prior consent of the owner of that Application Content or (ii) in a way that violates someone else's (including Company's) rights. You understand that Company owns the Application and all Application Content. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Application or Application Content.
Company is also free to terminate (or suspend access to) your use of the Application or your account for any reason in our discretion, including your breach of these Terms. Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE Company PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Company Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Application (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Company's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from Company. Both you and Company acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Company's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Company will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Company will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Company may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND Company WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Company are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Company over whether to vacate or enforce an arbitration award, YOU AND Company WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Company is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 3960 N. First Street, San Jose, CA 95134, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Company to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Company.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Application, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Company agree there are no third-party beneficiaries intended under these Terms.
Exhibit A: Privacy Policy
Effective date: December 16, 2025
By using or accessing our Application in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.
Remember that your use of Company's Application is at all times subject to our Application and Participant Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
We may need to change this Privacy Policy from time to time. We will alert you of material changes by sending you an email and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Application, and you are still responsible for reading and understanding them. If you use the Application after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Application. "Personal Data" means any information that identifies or relates to a particular individual and also includes information referred to as "personally identifiable information" or "personal information." This Privacy Policy does not cover the practices of companies we don't own or control or people we don't manage.
We collect the following categories of Personal Data:
Providing, Customizing and Improving the Application
Corresponding with You
Other Permitted Purposes for Processing Personal Data
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Company or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
We collect Personal Data from you when:
We disclose your Personal Data to service providers, including for example, hosting, technology and communication providers, security and fraud prevention consultants, support and customer service vendors, product fulfillment and delivery providers. We may also disclose Personal Data to other members of our corporate family, including our subsidiaries, affiliates, and other related entities, for purposes consistent with this Privacy Policy. We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under "Other Permitted Purposes for Processing Personal Data" section above. All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular individual. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Application and promote our business.
Depending on the jurisdiction in which you reside, you may have certain rights, including those set forth below, with respect to your Personal Data under applicable privacy laws in your jurisdiction. For more information about these rights, or to submit a request, please email us at sam.baker@d8acollect.video. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from individuals under 18 years of age; if you are an individual under the age of 18, please do not attempt to register for or otherwise use the Application or send us any Personal Data. If we learn we have collected Personal Data from an individual under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at sam.baker@d8acollect.video.
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at: sam.baker@d8acollect.video.
Exhibit B: Data Collection Requirements
Requirements While Recording and Prohibited Activities:
Additionally, the following activities are prohibited:
Report Violations: Immediately report any violations of this Policy or concerns about data collection practices to the designated contact of Third Party Provider.