TERMS OF SERVICE

Effective date: July 27, 2018

These Terms of Service (the “User Agreement”) describe your rights and responsibilities when using our online market research platform and services (the “Services”). Please read them carefully.

This User Agreement is entered into by and between Discuss.io Inc. and the entity or person placing an order for or accessing the Services (“Customer” or “you”). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.

By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement 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 and conditions.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.

PRIVACY STATEMENT

Please review our Privacy and Cookies Policy for more information on how we collect and use data relating to the use and performance of our websites and products.

RESPONDENTS' PRIVACY

No information regarding respondent personal information (also known as “PII”, or “personal data”) may be collected by you through the use of the Services. This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from Discuss.io.

RESPONDENTS' CONSENT FOR PARTICIPATION IN A STUDY

You have been recruited to give your honest thoughts in a market research study. By joining the interview, you consent to the following:

  • You agree to participate in the market research study.
  • You understand the purpose and nature of this study and you are participating voluntarily.
  • You grant permission for the interview session to be recorded and saved for purpose of review by the researcher and other research collaborators.
  • 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 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 our client 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.

RESPONDENTS' CONSENT FOR TOBACCO STUDIES

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 is addictive.

Should you wish to stop participating in this market research project, you may do so at any time.

You confirm the following:

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

RESPONDENTS' CONSENT FOR ADVERSE EVENT REPORTING IN HEALTHCARE STUDIES

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

This survey will be asking you about your views on various types of products you may use. 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. We’re working with a company who needs 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 survey indicate that you may have had such a problem (“Adverse Experience”), we will need to pass it on to the manufacturer in an anonymous format. You understand that we or the moderator is required to pass on to the company, details of Adverse Experiences related to their own product(s) that are raised during the course of Market Research interviews. You understand that you have the right to withdraw from the research at any time and to withhold information as you see fit and refuse to be viewed or audio/video recorded.

Your participation in this survey will of course be confidential and no answers will be attributable to you as an individual or passed on to any 3rd party. However should you raise an Adverse Experience and / or a Product Quality Complaint in a specific interview, we or the Moderator will need to report this, even if it has already been reported by you directly to the company or to the regulatory authorities.

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

RESPONSIBLE USE AND CONDUCT

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or another proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising;
    4. Impersonates any person or entity, including any Discuss.io employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Discuss.io Inc, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
  2. You agree to indemnify and hold harmless Discuss.io Inc., parent companies, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

PRIVILEGES NON-TRANSFERABLE

You may not transfer your access privileges to any third parties. You further agree not to disclose your confidential password to anyone.

CANCELLATION AND POSTPONEMENT

THIS SECTION APPLIES TO CUSTOMERS OF DISCUSS.IO – For information pertaining to moderators, translators, agencies, and other vendors, please contact your Discuss.io project manager.

Understanding Lead Times and Cancellations

Discuss.io spends most of our time and expense before a project begins: our project managers, respondents, live support, and moderators are all carefully coordinated in the background. Once booked and begun, a project may incur a fee depending on when its sessions are rescheduled or canceled.

NO SHOW – Customers who do not show up for their discussions will be charged according to the cancellation policy and will be considered as NO SHOW. Our staff will wait for 20 minutes after which the discussion will be canceled and billed.

Cancellation & Rescheduling Fees

(% of Normal Session Cost per Item, or USD)

Project Managers

  • The most complex and time-consuming part of a project is the preparation involved in recruiting respondents, scheduling sessions, and coordinating support personnel. Re-scheduling is not anticipatable, requires additional time, and incurs a cost in addition to our standard pricing.

Respondents

  • Discuss.io pays respondents partial incentives when interviews are canceled less than 24 hours before the scheduled interview. When we must re-recruit (in case the original respondent is not available at the new time), we charge an additional fee.

Live Support

  • Every interview is supported by live staff, and we are only able to maintain 24-hour support with careful scheduling. Late cancellations leave us over-staffed and have to be offset by a fee.

Moderators and Translators

  • Independent vendors keep tight schedules; cancellations leave gaps in their scheduled work time. External third-party moderators set their own cancellation policies, and 100% of this expense is invoiced to the client.

Studies NOT Recruited by Discuss.io

  • Any session for which the respondents do not appear on time, or which is canceled with less than 24 hours notice, will be subject to a cancellation fee of 100% of the session, including Technical and Support staff fees.

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Discuss.io Inc or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the use of products and/or services. Discuss.io Inc. 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.

COPYRIGHTS/TRADEMARKS

All content and materials available on Discuss.io, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Discuss.io Inc., 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.io Inc.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

GOVERNING LAW

This website is controlled by Discuss.io Inc from our offices located in the state of WA, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of WA, by accessing our website, you agree that the statutes and laws of WA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the United States, WA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, DISCUSS.IO INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at legal@discuss.io.