Effective as of: 2019-11-12
This is an agreement between you and Quantified Citizen Technologies Inc. (“QC”, “we”, “our”, or “us”).
QC operates the proprietary website and mobile platform that allows users (“User”, “Users”, “you”, or “your”) to participate in research projects as a “Participant” or design and distribute research projects as a “Researcher”.
The Services also enable Users who act in a Researcher role to see responses of Users who have given explicit permission to make their responses available to other Users. If you are using the Services on behalf of a research organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “User”, “Users”, “you” and “your” refers to you and that Organization.
These Terms together with the Privacy Notice are the entire agreement between you and us. Your use of the Services is voluntary. By accessing or using the Services you agree to be bound by these Terms, to comply with them and to indemnify us for any failure by you to comply. If you do not agree to these Terms and the Privacy Notice, please do not use the Services.
To become a User, you will have to register by creating a unique Account. While we do not require “Personal Information”, information that can be used to uniquely identify you, to create an account for the purposes of being a participant, you may choose to provide Personal Information during the use of the Services. Some account types, for example for researchers and paid customers will require Personal Information. For information on how we manage and protect your Personal Information, please see our Privacy Notice.
Services Do Not Provide Medical Advice
Content found on the Services or linked to the Services, such as websites, text, graphics, images, messages, information obtained from third parties, and other material may contain medical and health information. Such content is for informational purposes only, and is not intended to be a substitute for a medical examination or a physician’s advice, diagnosis or treatment, nor is it intended to be relied on as general health advice. We are not responsible or liable if you or anyone else relies on such materials.
If you have a medical emergency, call your doctor, 911 or your medical emergency number immediately.
The Services do not endorse any product, clinical trial, physician, procedure, opinion, treatment or therapy. The services do not encourage illegal behaviour by researchers or participants, and only records information provided by Users at their discretion. Always seek the advice of your doctor or healthcare provider whenever you have a personal question about a medical condition or symptom. Never disregard professional medical advice or delay seeking medical advice or treatment because of something you learn on the Services.
Ability to Enter into Terms
In order to enter into these Terms, you must be fully able and competent to enter into the Terms and be able to abide by and comply with them. If you accept these Terms, you represent that you have the capacity to be bound by them.
The Services are not meant for children and minors. We do not intentionally collect information about people under 18 years old.
Your Use of the Services
QC grants you a limited, revocable, and non-exclusive license to access and make personal use of the Services. You agree that you are solely responsible for any activity that occurs on your Account, including information you provide. You are responsible for taking all reasonable steps to ensure that nobody else has access to your passwords or Account.
We reserve the right to amend the information on our Services or withdraw the Services provided without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services and for ensuring that any person who accesses the Services through your internet connection is aware of these Terms and that they comply with them.
You agree not to:
• Use the Services in any way that breaches applicable law or regulations, or that is fraudulent or has an unlawful or fraudulent purpose or effect, or that harms or attempts to harm an individual.
• Create an Account for commercial purposes, for example to learn more about the Services.
• Use false credentials (i.e. name, email address, phone number) to create an Account if the type of Account you create requires personal information.
• Share any Personal Information about another individual unless that person has given you explicit permission to share it.
• Reverse engineer, reproduce, modify, translate, de-compile, disable, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Services.
• Modify, translate, or create derivative works based on any portion of the Services and/or the Services.
• Access or use the Services in order to build a competitive product or service or copy any features, functions or graphics of the Services.
• Access or use the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
• Create any link to the Services or frame or mirror any content contained or accessible from the Services.
• Access, tamper with or use areas of the Services not intended for you, areas of the Services you haven’t been invited to, or content or data on or available through the same.
• Probe, scan or test the vulnerability of any portion of the Services or to breach, circumvent, modify or willfully tamper with security or authentication measures.
• Provide or use “tracking” or monitoring functionality in connection with the Services, including, without limitation, to identify any other person’s actions or other activities on the Services.
• Use the account, username, or password of another User of the Services at any time or disclose your password to any third party or permit any third party to access your Account.
• Collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, or employing third party promotional sites or software to promote profiles for money.
• Knowingly transmit any data or material containing any form of malware or any computer code intended to adversely affect the operation of any computer hardware or software.
• Do any act or thing with the intention or effect of creating liability for us in any way.
We will delete or request the removal of Accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
You must not use the Services in any way that causes, or is likely to cause, the Services or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Services for lawful purposes only.
You agree to use the Services responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libellous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law.
Impersonation of others, including a QC employee or other Users, members or visitors on the Services is prohibited.
We care about the privacy of our users. We collect, use, and share Personal Information and non-personally identifiable information as described in our Privacy Notice. By using the Services, you agree to the collection of such information and to have your personal data collected, used and disclosed within Canada. QC contractually requires third party service providers to safeguard your Personal information.
You play an important role in protecting your privacy and keeping the Services secure. You agree not to disclose your password to any third party.
If you believe that your Account has been compromised, you must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.
We cannot and will not be liable for any loss or damage arising from your failure to comply with your responsibilities.
QC does not collect Personal Information that will identify an Account. As a result, we will be unable to assist you if you lose access to your Account. You may need to create a new Account. For more information you can contact us at firstname.lastname@example.org.
Rights to Data
You own your Personal Information. Using our Services does not give us any ownership, right, title or interest in your Personal Information.
In accordance with the QC Privacy Statement, you agree that QC owns any non-personally identifiable information that has been derived from your Personal Information, or generated by your use of the Services (“De-identified Data”). QC uses best practices to create De-identified Data. QC shall own exclusive rights, including all intellectual property rights, in and to all De-identified Data. To be clear, QC is not allowed to disclose any data other than De-identified Data without consent.
QC may use De-identified Data for research and analysis, including market research, or may sell, rent or lease it.
The Services and all contents of the Services, including logos, graphics, images, software, icons and other elements (but excluding your Account) are the exclusive property of QC or as applicable, its suppliers and partners, and are protected under the copyright and trademark and other intellectual property laws of Canada and other countries. The core technology platform and all of the related software code remains the sole property of QC. All rights not explicitly granted herein are reserved. Any infringement of our rights will result in appropriate legal action.
If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please email email@example.com.
Linked Sites and Service
QC is not responsible for the practices employed by websites linked to or from the Services or for their information or content. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites and mobile apps or the activities of the people, organizations and/or businesses responsible for those websites and mobile apps.
When you use a link to go from the Services to another website, your browsing and interaction is subject to that website’s own rules and policies, not those of QC. Make sure you read over their rules and policies before proceeding.
Interactions with other Users and Third Parties
QC is not responsible for your correspondence or interactions with any third parties that you interact with through the Services. You agree that QC will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any interaction between you and any other party. QC reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or that is in connection with the Services. QC is not responsible for the conduct, whether online or offline, of any User of the Services.
As long as you use the Services, these Terms will be in effect. You can delete your Account from the Services at any time. After you affirmatively delete your Account from the Services, we will remove your Account. Anonymized data that was already submitted as a Participant in a study may be retained.
Your Account will terminate if QC ends your right to use the Services for breaches of these Terms.
Upon termination or expiration, QC reserves the right, in our sole discretion, to remove your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Services. We will retain rights to any De-identified Data.
If you previously agreed to receiving messages related to the Services or promotional emails and provided QC with your email address, QC may retain your email address to send those, but you can opt out of the messages at any time by using the unsubscribe link in those email messages.
Please contact us at firstname.lastname@example.org. if you require assistance terminating your Account.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND/OR ANY CONTENT, PRODUCTS OR FEATURES PROVIDED, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. QC IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS. QC ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SERVICES.
Limitation of Liability
IN NO EVENT SHALL QC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL AND STOP USING THE SERVICES.
You agree to indemnify, defend, and hold harmless QC, its partners and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.
These Terms and your use of the Services shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or Services, provided always that QC may seek and obtain injunctive relief in any jurisdiction.
The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of QC’s right to require strict observance of each of the terms herein. The Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. QC may assign its rights and obligations under these Terms. These Terms will enure to the benefit of QC’s successors, assigns and licensees.
Changes to the Terms
QC may make small, inconsequential changes to the Terms with or without notice to you. We will communicate material changes, ones we consider significant, through the Services, or on our corporate website at Quantifiedcitizen.com, or through email lists. By continuing to use the Services after changes become effective, you agree to the changes. At any time if you don’t agree to the Terms, you can stop using the Services.
Your feedback or advice about the Services and our business helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to QC by email, as email is not a safe or secure method of transmitting confidential or private information.
Quantified Citizen Technologies Inc.
210-128 Hastings St. W
Vancouver, BC V6B 1G8
© 2019 Quantified Citizen Technologies Inc. All rights reserved.