MEASURE PROTOCOL LTD – MSR APP END USER TERMS & CONDITIONS
Our Services are detailed in Condition 4 below and explained further in the Measure App and our Website. The FAQ sections within the Measure App aim to help you understanding our Services.
You need to comply with these Terms when you use our Services. Your attention is particularly drawn to the provisions of Condition 6 (Obligations) and Condition 13 (Limitation of liability), but please read these Terms in its entirety to understand all your rights and obligations under these Terms.
Our Privacy Notice is available at http://www.measureprotocol.com/privacy. It is important that your read it along with these Terms so you know how and why we use your personal information in connection with the Services.
Account: the Measure user account you create and access to use the Services;
Data Metering: has the meaning specified in Condition 4.1.9;
Data Task: has the meaning specified in Condition 4.3 below;
Log-In Information: has the meaning specified in Condition 3.5 below;
Measure App: our proprietary App and blockchain software that we use to provide the Services;
Measure Customers: brands and market researchers that wish to use your data for market research purposes or for other purposes specified to you;
MSR Points: has the meaning specified in Condition 5.1;
Our, us, we, Measure: means us, Measure Protocol Limited;
Privacy Notice: means our privacy notice available at http://www.measureprotocol.com/privacy;
Profile Data: has the meaning specified in Condition 3.4;
Registration Data: has the meaning specified in Condition 3.4;
Rewards: has the meaning specified in Condition 5.3;
Services: has the meaning specified in Condition 4;
Survey: has the meaning specified in Condition 4.1.1;
Terms: means these end user terms and conditions that apply to you and us;
Transaction Data: has the meaning specified in Condition 3.6;
Website: our website available at http://www.measureprotocol.com; and
You, your: means you, the individual person who registers their details with us and creates an Account to access our Services.
1. ABOUT US
1.1. Company details. The company that provides the Services to you is Measure Protocol (company number 11220400) a company registered in England and Wales and our registered office is at c/o Blick Rothenberg Limited, 7-10 Chandos Street, London W1G 9DQ.
1.2. Contacting us. To contact us e-mail us at firstname.lastname@example.org or write to us the postal address referred to above.
1.3. How we may contact you. If we have to contact you we will do so by writing to you at the email address, mobile number or postal address you provided at the point of account registration. In this context, "Writing" includes the emails, SMS or Measure APP notification we send you.
2. THESE TERMS
2.1. What these terms cover. These are the terms and conditions on which we make available Services to you through Measure App, your user Account, our Website or by any other means specified to you.
2.2. Why you should read them. Please read these Terms carefully and our Privacy Notice and make sure that you understand them before creating an Account and using our Services. Please note that before creating an Account, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to create an Account, access our Measure App or use our Services.
2.3. Why you should print a copy. You should print a copy of these Terms or save them to your computer for future reference.
2.4. We may amend these Terms. We amend these Terms from time to time as set out in Condition 13. Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time.
2.5. Our Services (as defined specified in more detail in Condition 4 below). Our Services allow you to share your personal information with us and with brands and market researchers to earn incentives and rewards, when you: (i) provide feedback on products, services and interesting topics by filling in Surveys; or (ii) agree to allow passive usage Data Metering in your devices.
3. YOUR ACCOUNT
3.1.This Condition regulates your access and use of your Account.
3.2. Age limit. You must be sixteen (16) years to access our Services and create an Account.
3.3. You are only permitted to have one Account with us at any time. If we become aware that you have opened more than one Account, we reserve the right to close any of them and terminate our contract with you by terminating these Terms.
3.4. Your Account information. When registering your Account with us, you are required to provide us with certain registration information such as your first name, last name and email address (“Registration Data”) and certain demographic data such as you country of residence, ZIP/postal code, date of birth, gender, employment status, education level, household income level (the “Profile Data”). You agree to always act in good faith and provide only accurate, current and complete Registration Data and Profile Data and to keep that information updated in order to maintain its accuracy. You are entitled to perform various admin tasks though your Account such as updating your Registration Data, your Profile Data, requesting Rewards, recovering your forgotten password, etc.;
3.5. Your Log-In Information. You are required to select a password. You will need to use your email address plus a password to access your Account (your “Log-in Information”).
3.6 Your User ID. Our Services have been created and rely on blockchain technology. Therefore, when you register with us, we will create for you a pseudonymous user ID that will be visible on the blockchain along with basic data such as the Data Tasks a user participates in and when (“Transactional Data”). Third parties will be able to see the Transactional Data (as this is the nature of blockchain) but they will not be able to identify you from such data.
3.7. Changes to/confidentiality of Log-In Information. You may change your password in the ‘account' section of your Account at any time. You are responsible for maintaining the confidentiality of the Log-In Information, and you will be responsible for all uses of the Log-In Information whether or not authorised by you.
3.8. Security breach. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure or use of the Log-In Information, you must immediately notify us. We reserve the right to invalidate your password and/or to change the password linked to your Account without notice if we have reason to believe you are in breach of this Condition 3.7 or your Account has been compromised.
3.9. Our rights in relation to your Account. If you do not comply with our Terms, we shall be entitled to terminate or suspend your Account and to forfeit any MSR Points or other incentives we provide to you at our sole discretion and without any liability to you (for instance, if you been involved in any illegal or fraudulent activity).
4. OUR SERVICES
4.1. Our Services allow you to: (i) access the Measure App and your Account; (ii) update, supplement or delete your Registration Data and your Profile Data; (iii) claim your Rewards and perform other admin tasks; (iv) receive offers for, and participate in, Data Tasks offered to you; and (v) receive reasonable customer support from us.
4.2 Pre-selection of candidates. We and Measure Customers will use the Profile Data, and other data you agree to provide to us, to pre-select you for Data Tasks organised by us or by our customers (in line with the specific requirements of the Data Task – e.g. demographic requirements).
4.3. Data Task invitations. We will then offer you to:
4.1.1. participate in surveys organised by us or by Measure Customers such as providing feedback on interesting topics (“Surveys”); or
4.1.2 participate in various data tasks such as taking a picture of an object and in new types of data tasks as they become available; or
4.1.6. respond to requests to share your Profile Data; or
4.1.7. submit parts of your Profile Data in anonymized/encrypted ways to a centralized service that functions as a census (i.e. so we know that, for example, 56% of the user population is female); or
4.1.9. share passively collected behavioural data, collected during a certain time period (“Data Metering”); and
4.1.10 other similar data tasks where you are asked to share your information with us or Measure Customers.
(together the “Data Tasks”).
4.2 You acceptance. We will explain to you in advance the personal data you are invited to share with each Data Task and the purposes for which such data will be used, which will Typically be for market research purposes. Your participation in Data Tasks, is subject to your consent and is completely voluntary. However, Measure does not guarantee that you will receive a certain minimum volume of invitations to participate in Data Tasks.
4.4. The ‘my data’ tab. is a functionality available in the Measure App that allows you to manage your data. You may use the ‘my data’ tab to:
4.4.1. update your Profile Data;
4.4.2. complete additional profile Surveys (listed by category);
4.4.3. connect to 3rd party Survey providers by sharing parts of your Profile Data to receive additional Surveys offers and additional requests for your data;
4.4.4. connect to services such as LinkedIn and Facebook in order to validate and enrich your Profile Data and in so doing strengthen your overall profile; and
4.4.5. create the necessary connections in the Measure App in order to be eligible for Data Tasks;
4.6 The ‘wallet’ tab. You may use the ‘wallet’ tab to:
4.6.1. view history of all Data Tasks invitations you have participated in;
4.6.2. monitor your MSR Points balance;
4.6.3. redeem your MSR Points, when you’ve reached the minimum required to do so (as specified in the Measure App), against a selection of options; and
4.6.4. view the history of all MSR Points redeemed.
4.6. Availability of our Services. The Measure App will be available 24 hours a day, 7 days a week and 365 days a year, but please note that we may suspend our services as specified in Condition 11 (Suspension).
Our customer support service will be available 9am to 5pm UK time.
5. MEASURE POINTS AND REWARDS
5.1. MSR Points. You may earn MSR Points when you participate in Data Tasks, which will be credited to your Account. The MSR Points are pegged to selected real world currencies (as to be specified by us in the Measure App) (“MSR Points”).
5.2. Earning Measure Points. The number of MSR Points you can earn with each Data Task will be specified to you before the Data Task starts. Please note you need to complete each Data Task in accordance with its requirement to earn the MSR Point. If you fail to do so, we reserve the right to withhold or forfeit the MSR Points associated with the Data Tasks.
5.3. Redeeming Rewards. MSR Points are redeemable for vouchers, entries into a prize draw or any other benefit made available to you as specified in more detail in the Measure App (“Reward”). If you have enough points, you may redeem a Reward against any Measure Points credited to you. Please note that you will need to have a minimum number of MSR Points to claim a Reward, as specified in the Measure App. When you are entitled to a Reward, we will make available the Reward to you as soon as reasonably possible using the details you provided.
5.4. Your Account. We will maintain a record of all the Measure Points credited to you. You will be able to check the status of your Measure Points account by logging into your Account.
5.5. Expiration of Measure Points. MSR Points will expire after a twelve (12) months from the from the date of your most recent use of our Services or claim to redeem Measure Points.
6. YOUR OBLIGATIONS
6.1. You must:
6.1.1. not breach any of your obligations set out in these Terms;
6.1.2. always participate in any Data Task diligently and in good faith. You must not: (i) provide false answers, random answers, or speed through a Survey without giving due attention to the questions; (ii) answer each question the same way; (iii) illegally or fraudulently submit data by any means other than Measure Services are designed to allow; or (iv) circumvent, or try to circumvent, our Services to obtain MSR Points or Rewards or other incentives. Measure reserves the right to withhold or forfeit any MSR Points or Rewards you earn if, in our reasonable view, you breach this Condition 6;
6.1.3. not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;
6.1.4. not infringe our intellectual property rights or those rights of any third party in relation to your use of the Services;
6.1.5. not rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person without prior written consent from us;
6.1.6. not copy the Services or any materials contained in the Services, in the Measure App, our Website or otherwise, nor any documentation thereto and content thereof, except as part of the normal use of the Services;
6.1.7. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Measure App, the Services and any documentation thereto nor permit the Measure App, the Services and any documentation thereto or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these Terms;
6.1.8. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Measure App, the Services nor attempt to do any such things;
6.1.9. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Measure App or the Services;
6.1.10. not use the Measure App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
6.1.11. not use the Measure App, or the Services to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam", chain letters, pyramid schemes or any other form of solicitation;
6.1.12. not collect or harvest any information or data from the Measure App, or the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
6.1.13. not publish or make reference in any media to any Data Task or Measure App content without our prior written consent other than giving your views or feedback about the Services as a consumer and always in accordance with applicable laws; and
6.1.14. not access or use any part of the Measure App or the Services for anything other than your personal, non-commercial use.
6.2. Your licence. Subject to our compliance with data protection legislation, you hereby give a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to Measure to use for any purpose any content you submit to the Services, including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not Measure, will have sole responsibility and liability for all content you use, upload, post or submit to the Services, including any Data Task in which you participate, including the obligation to obtain any necessary approvals and authorisations required to post such content.
7. CONFIDENTIALITY OF SURVEYS AND OTHER DATA TASKS
7.1. Confidential and/or proprietary information. We or Measure Customers may disclose confidential and/or proprietary information and materials to you as part of a Data Task, and such information and materials shall remain the sole and exclusive property of its owner. This may include confidential information such as new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto.
7.2. Your obligation. You must keep confidential the contents and materials disclosed to you as part of all Data Tasks or the Services, in which you participate and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Data Tasks. If you breach this obligation, in addition to forfeiture of your MSR Points, Rewards and termination of your Account or these terms, you may be liable for monetary damages to us and/or our corporate client for damages caused by the result of your breach.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use your personal information as set out in our Privacy Notice and applicable data protection laws.
9. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Services and any documentation thereto and content thereof throughout the world belong to us (or our licensors) and the rights in the Measure App and the Services and any documentation thereto and content thereof are licensed (not sold) to you for the sole purpose of you using our Services under these Terms. You have no intellectual property rights in, or to, the Measure App and the Services and any documentation thereto and content thereof other than the right to use them in accordance with these Terms.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract between us was made, both we and you knew it might happen, for example, if you discussed it with us during the onboarding.
10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services supplied with reasonable skill and care.
10.3. When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.4. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any direct or indirect loss of profit, loss of business, loss of contracts, loss or damage to reputation or goodwill, business interruption, loss of business opportunity and any other indirect or consequential damages.
10.5. Limitations to the Services. The Measure App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Measure App, our Website or the Services. Although we make reasonable efforts to update the information provided by the Measure App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
10.6. Event Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.
11.1. We may, at any time, suspend or withdraw all or parts of the Services by giving notice to you if:
11.1.1. necessary for business and operational reasons,
11.1.2. necessary for repair, maintenance or improvement of the Measure App and the Services or to protect life, limb or property; and
11.1.3. required to comply with any laws, regulations or instructions issued by the government, an emergency service or other competent authority.
11.2. Suspension Notice. Except in an emergency when no such notice is required, we will aim to give you as much notice as reasonably practicable if the Services are to be suspended.
11.3. Liability for Service suspensions. We shall not be liable to you for any suspension of the Services and your use of the Measure App howsoever caused.
12.1. Your termination right. You may terminate these Terms at your sole discretion at any time by uninstalling the Measure App or by closing your Account in accordance with the step by step guide available in our Measure App. Alternatively you can send us an email at email@example.com.
12.2. Our termination right. We may, at any time, restrict your access, suspend or terminate your Account, the Services and these Terms by sending notice to your email address, by InMail to your Account as indicated in your ‘my data’ tab, or without provision of notice if we have reasons to believe that you are in breach of these Terms, any law, or rights of any third party or if we wish. We may also terminate our contract with you for convenience by giving you notice in writing (as specified in Condition 1.3 above).
12.3. Consequences of termination. If these Terms are terminated:
12.3.1. your licence to use the Measure App and the Services terminates automatically;
12.3.2. you must stop all activities authorised by these Terms, including your use of the Services;
12.3.3. you will lose all your rights to the MSR Points previously credited to your Account when we terminate these Terms (i.e. our contract with you) because you were not complying with our Terms, or if you do not have enough MSR Points to claim a Reward. However, you may redeem your MSR Points, for any Reward you are entitled to under the Terms, within 3 months from the termination of these Terms.
12.3.4. you must delete or remove the Measure App from all devices in your possession and immediately destroy all copies of the Measure App which you have and, on request, confirm to us that you have done this.
12.3.5. we may remotely access your devices and remove the Measure App from them and cease providing you with access to the Services.
12.4. Termination of your Account, the Services and these Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.
13. OUR RIGHT TO VARY THESE TERMS
We may amend these Terms from time to time at our sole discretion. We may inform you of any changes in our Terms by sending you an email, an InMail to your Account, by showing a notice about our new Terms in our Measure App or by other suitable means, you may then contact us to terminate these Terms before the changes take effect. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
14. OTHER IMPORTANT TERMS
14.1. We may transfer our contract with you under these Terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2. Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
14.3. If a court finds part of these Terms illegal, the rest will continue in force. Each of the terms and conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4. Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.