Effective Date: November 1, 2023
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.
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.
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:
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:
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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.
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.
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.
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.
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.
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.
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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.
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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.
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