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Legal

Terms of Use – Participants

Effective Date: November 1, 2023

1. Introduction

Our platform enables companies (“Customers”) to connect with consumers for the purpose of finding insights across their market research studies. Discuss.io, Inc (“Discuss”, “us,” “we”, and, “our”) and these Customers have separately entered into agreements (“Contracts”) to purchase services provided by Discuss (the “Services”) that, among other things, allowed us to invite you to use the platform.

A person who uses the Services in order to participate in one or more sessions as a respondent is referred to in these Terms of Use as a “Participant” or as “you” or “your”.

By indicating your acceptance of these Terms of Use or visiting our website and accessing the information, resources, services, products, and tools we provide, you are agreeing to be bound by all terms, conditions, and notices contained or referenced in these Terms of Use If you do not agree to these terms, please do not use any of the features and functionalities from Discuss.

To the extent prohibited by applicable law, Discuss.io does not allow the use of our Services by anyone younger than 18 years old. Discuss.io follows market research industry standards regarding the management of studies involving children and young adults younger than 18 years of age, which in that case, acceptance of these terms must be given by their parent or legal guardian, who will be entitled to join the discussion.

We reserve the right to change the Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms of Use.

2. Voluntary Participation

You understand the purpose and nature of the study and you also understand your participation is completely voluntary and you can withdraw from the research at any time and for any reason. If you choose not to participate in the study for which you have been recruited, it will not affect your ability to participate in future studies.

3. Your Role as a Participant

As a Participant, you are a user of the Services and a participant in the market research study conducted by the Customer. 

Nothing in the contract between the Customer and Discuss and nothing in these Terms of Use will be construed to make you an agent, employee, partner or legal representative of or joint venture with Discuss or with the Customer.

If you have been recruited to give your honest thoughts in a market research study that will be captured in a recording, which will include video and audio responses. By joining the interview, you consent to the following:

  • You agree to participate in the market research study conducted by the Customer.
  • You grant permission for the interview session to be recorded and saved for the purpose of review by the researcher and other research collaborators.
  • You understand you might be observed by third parties during the course of the interview.
  • You understand that these recordings will be used by the company commissioning the research for market research purposes only.
  • You grant permission for audio or video clips, stills, and/or transcripts from the interview session to be used in internal presentations or documentation of this study.
  • You understand that the researcher will not identify you by name in any reports using information obtained from the market research study, and that your confidentiality as a participant in the market research study will remain secure.
  • You agree to hold all confidential information in strict confidence and to refrain from using any confidential information for your own or any third party’s benefit, or in any other manner.
  • You agree not to disclose to any third party that the Customer is interested in the subject matter of the research.
  • You agree not to disclose that said client is the proprietary owner of the products and product ideas subject of the research.
  • You understand that you can withdraw your consent at any time, without any penalty or consequences.

If you are participating in a study where the topic(s) include conventional tobacco products, you agree to the following. As you are going to evaluate and assess cigarettes or tobacco given to you as part of this market research, we remind you of the following:

  • Cigarette smoking, and other tobacco products can cause serious and fatal diseases, such as lung cancer, heart disease and emphysema, and are addictive.

You confirm the following:

  • You have been informed of the nature and scope of the project.
  • You understand that the use, assessment and evaluation of the products given to me is completely voluntary.
  • You are of legal age to smoke or consume the product.

If you are participating in a study where the topic(s) include healthcare, you agree to the following:

Product manufacturers are keen to ensure the safety of their products, and in some cases have legal obligations to report any problems users may experience. Due to legal obligations, certain Customer need to monitor the performance of their products in the market, and the health and well being of their consumers that use them. If your responses to this study indicate that you may have had such a problem (“Adverse Experience”), Discuss will inform Customer of the Adverse Experience in an anonymous format. You understand that we are required to pass on to the Customer, details of Adverse Experiences related to their own product(s) that are raised during the course of studies performed on Discuss.

Your participation in this study will be confidential and no answers will be attributable to you as an individual or passed on to any third party. However, should you raise an Adverse Experience in a specific interview, Discuss will need to report this, even if it has already been reported by you directly to the Customer or to the regulatory authorities.

If you decide to disclose your personal details in association with any Adverse Experience report, this information will be disclosed to the Customer. In such a situation you may be contacted specifically in relation to that Adverse Experience. Everything else you contribute during the course of the study will continue to remain confidential.

7. Confidentiality

As the study may involve disclosure and/or development of confidential products, packages, pictures of products, usage instructions, descriptions of products, and/or ideas and environments, which, separately or together with any (new) brand(s) or brand concept(s), may be considered Confidential by the Customer, You agree to preserve the confidentiality of this study and any confidential information in any form, to which you are exposed during the research, directly or indirectly.

You agree that you will neither use nor discuss the above information with anyone, except the persons performing this study.

8. Intellectual Property

You agree to assign to the Customer and its affiliates, all ideas, developments, discoveries, works of authorship, designs, software, and/or inventions, patentable or not, conceived by you as a result of your participation in the research. Furthermore, you agree that the Customer may use these ideas, developments, discoveries, works of authorship, designs, software, and/or inventions in any manner it sees fit. Your obligations under these Terms of Use will not extend to any products or other information that are generally known to the public or which become available to the public.

9. Rewards

Upon completing a study, you may be entitled to receive an incentive, a gift card, points or other types of rewards (“Rewards”). After the end of each study in which you have participated, if applicable, you will be informed via email on the next steps for claiming your rewards.

From the moment of reception of this email, you will have up to 4 months to claim your reward. You are responsible for claiming your rewards in the provided timeline, Discuss will not be held liable for expired unclaimed rewards.

You are also responsible for determining any tax liabilities incurred as a result of receiving such reward.

10. Limitation of Liability

You expressly understand and agree that any claim against us shall not exceed the greater of USD 100.00 or the amount paid or payable to you for your participation in a study or the use of our resources. Discuss will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

11. Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Seattle, Washington before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12. Copyrights/Trademarks

All content and materials available on Discuss, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Discuss, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Discuss.

13. Mobile Application – License

Discuss.io grants you a revocable, non-exclusive, non-transferable, limited license to install and use a copy of the Mobile Application (“ Mobile App”) strictly in accordance with the terms of this license and the rest of the Terms of Use. You agree that you will not (a) reproduce, modify, distribute, transfer, disclose, or make available to any third party any portion of the Mobile App in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Mobile App and (c) circumvent any technical limitations in the Mobile App or otherwise interfere in any manner with the operation of the Mobile App.

14. Governing Language

For all purposes, this English language version of this document shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of this document and any subsequent translation into any other language, this English language version shall govern and control.

15. Governing Law

This website is controlled by Discuss.io, Inc from our offices located in the state of Washington, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Washington, by accessing our website, you agree with the statutes and laws of Washington, without regard to the conflict of laws.

Furthermore, in any circumstances where the Arbitration Agreement permits the parties to litigate in court the Parties agree to submit to the personal jurisdiction of the courts located in Seattle, Washington, United States.

16. Changes

Discuss.io may change these Terms of Use and its Privacy Notice from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we might make changes to our business. We will post the changes to this page and encourage you to review our Privacy Statement to stay informed. If we make changes that materially alter your privacy rights, Discuss.io will provide additional notice, such as via email or through the Services.

If you disagree with any changes to this Privacy Statement, you will need to stop using the Services, contact your organization’s administrator or exercise one of your rights, as outlined above.

17. Contacting Discuss.io

You can contact us with any questions relating to this Privacy Notice by submitting a help desk request here, by emailing privacy@discuss.io, or by contacting us via postal mail at Discuss.io, Inc. 1341 N Northlake Way #210, Seattle, WA 98103, USA.