Terms of Use

1. About us

We, as Researchers, help product developers (our "Clients") improve their existing product lines and develop new and improved products. We provide our Clients with market research services and analysis of consumer retail experiences. The Services constitute an online platform that allows consumers to earn rewards for uploading and sharing videos and commentary of their in-store retail purchase experiences and at-home product reviews ("User Videos"). When you register as a user, you will receive invitations from time to time (via email, text, website, or App notifications or otherwise) to participate in certain projects where you may record short User Videos, typically two minutes each, demonstrating your shopping habits and experiences. After uploading your User Videos to the Services, you will be eligible to receive certain rewards as stated in your invitation or otherwise on the Services. We use the User Videos to provide services to our Clients in accordance with these Terms of Use.

2. Privacy Policy; other policies

The Researcher Privacy Policy, available on the Website, governs any personal information you submit via the Services and is incorporated by reference in these Terms of Use. All other policies posted on the Website are also incorporated into these Terms of Use by reference. You agree to comply with the Privacy Policy and all other policies posted on the Website when accessing or using the Services.

3. Limited license

Researcher grants you a limited, revocable, non-sublicensable and nonexclusive license, subject to your continued compliance with these Terms of Use, to access and use the Services for your personal use. Any unauthorized use of the Services or any breach of these Terms of Use shall automatically terminate this limited license, without prejudice to any other rights or remedies of Researcher.

4. Registration; passwords

Researcher may make certain Services available to you that require registration. Registering for such Services requires you to provide information about yourself. When you register for the Services, you shall provide true, accurate, and complete information, and you agree to update such information if it changes. If you do not provide true, accurate and complete information, Researcher may, in its sole discretion, suspend or terminate your membership to the Services. Any personal information that you provide in connection with your registration shall be used in accordance with our Privacy Policy.

You are responsible for maintaining the confidentiality of any password you create for the Services. You will immediately notify Researcher in writing if you determine, or have reason to believe, that an unauthorized party has gained access to your password. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.

5. Children and minors

By registering for the Services, you confirm that you are 18 years of age or older. The Services are not designed to attract minors. Researcher does not market to or knowingly collect information from anyone under the age of 18.

6. Fees and payments

The reward points we offer for the performance of tasks through the Services are listed on the Researcher Payments page. The reward points assigned to each task may vary and are subject to change at any time. Researcher reserves the right to limit the total reward points payable to any individual user of the Services. You are responsible for paying all applicable taxes and expenses incurred by you in connection with your performance under these Terms of Use.

7. Independent contractor relationship

You acknowledge and agree that your relationship with Researcher is that of an independent contractor. Nothing in these Terms of Use is intended or should be construed to create an employer-employee, employment agency, partnership, or joint venture relationship between you and Researcher or our Clients. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Researcher, that is inconsistent with your being an independent contractor, and not an employee, of Researcher. You are not an agent of Researcher or our Clients, and you are not authorized to make any commitment or otherwise act on behalf of Researcher or our Clients.

8. License grant to Researcher

You hereby grant Researcher a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, transferable and fully sublicensable license to own, use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your User Videos in connection with the provision of market research and analysis services to our Clients and other companies, organizations, or individuals who may partner with Researcher or our Clients for purposes of conducting market research and analyzing consumer retail experiences. You agree that your only compensation for the license rights granted herein will be the fees paid to you in accordance with your invitation to participate in a project or as otherwise stated on the Services. You agree that Researcher and our Clients may also use your User Videos for training and demonstration purposes, including, but not limited to, allowing other users of the Services to access your User Videos for such purposes. You agree further that Researcher and our Clients may contact you regarding the use of your User Videos for additional marketing and promotional purposes.

9. User's representations and warranties

You are solely responsible for your use of the Services and you use them at your own risk. Your use of the Services shall at all times be in compliance with all applicable local, state, national and international laws and regulations. By uploading, transmitting, distributing, storing, or otherwise publishing User Videos through the Services, you represent, warrant, and covenant that:

• You understand that your participation is completely voluntary and you may withdraw from the Project at any time and for any reason. Should you choose to withdraw, any costs already incurred, including but not limited to product costs and shipping, must be reimbursed by you, or you may return the product at your own expense within 2 days of withdrawal. This withdrawal will not affect your ability to participate in future projects.
• You understand that if you do not agree to the collection and processing of your personal information in accordance with this document, you will not participate in the Research.
• You own and control, or otherwise have all necessary legal rights to distribute and reproduce, all of the User Videos that you post using the Services;
• Your User Videos do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Your User Videos are not confidential and do not contain the private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, and credit card numbers;
• Your User Videos are not unlawful, false, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
• Your User Videos do not contain any viruses, adware, spyware, worms, spam, or other harmful or malicious code, and you and your User Videos will not impose an unreasonable or disproportionately large load on our infrastructure;
• You shall not harvest or collect information about users without their consent, or use any robot, spider, scraper, or other automated means to access our Services for any purpose;
• You shall not circumvent any technical measures we use to provide the Services;
• You shall not commercialize any Researcher application or tool, or any information or software associated with such application or tool;
• You have the full right, power, and authority to enter into and perform your obligations under this Agreement without the consent of any third party; and
• To the extent that your User Videos include video or audio recordings of you and/or your minor children, you consent to our inclusion of such User Videos on the Services.

Additional warranties for product usage

In the event that you are provided with a product to consume (edible or drinkable) as part of the Project, you further represent, warrant, and covenant that:

• You acknowledge such product may be a prototype, not yet launched or public, and you agree to maintain its confidentiality in accordance with the Confidentiality section of these Terms of Use.
• You warrant that you are in good general health and do not have any medical conditions, allergies, or dietary restrictions that would prevent you from safely consuming the product provided in this Project.
• You understand that, during the Project, you are expected to follow the Project directions that are provided to you and to consume the product and complete any related tasks exactly as directed.
• You understand that you may be directed to stop participating in the Project if you do not follow these directions.
• You understand that you must conduct the consumption and related tasks yourself. If, for any reason, you cannot perform or complete the consumption or related tasks, you will not ask someone else to do so on your behalf; instead, you will contact the Researcher via the contact information provided at the end.
• You agree that when participating in the Project, should you experience adverse health problems that you believe may be caused by the product, you will stop consuming the product and report this to the Researcher via the contact information provided at the end.

10. Confidentiality

You acknowledge that all non-public information related to the Services or Researcher's business (including, but not limited to, trade secrets, financial data, business projections and strategies, marketing plans, customer and supplier lists, and personnel, technical, or proprietary information) and any product provided to you under the Project (including edible or drinkable products), whether prototype, pre-launch, or otherwise not publicly available, received by you pursuant to these Terms of Use or as a result of your use of the Services, constitutes and contains confidential, proprietary and copyrighted information and subject matter of Researcher ("Confidential Information"). You shall not, directly or indirectly, without Researcher's prior written consent: (i) use any Confidential Information for any purpose other than as expressly permitted under these Terms of Use; (ii) divulge, discuss, provide, transmit, copy, make available or otherwise communicate the Confidential Information to a third party; or (iii) permit any third party to use such Confidential Information. Confidential Information shall not include information that: (a) is publicly available or enters the public domain without breach of these Terms of Use; (b) you possessed prior to first receiving it from Researcher; (c) you developed independently and without use of or reference to the Confidential Information; or (d) you received from a third party without restriction on disclosure and without breach of a nondisclosure obligation. Notwithstanding the foregoing, you shall be permitted to disclose Confidential Information if such disclosure is required by law, provided that you shall give prompt notice of such requirement to Researcher so Researcher will have the opportunity to seek a protective order or other appropriate remedy. You acknowledge and agree that all User Videos you submit to the Services or otherwise submit to Researcher shall be deemed non-confidential and are not in any way subject to the terms of this Section.

11. Third-party content; linking

Any websites linked to or from the Services are not necessarily under the control of Researcher, and Researcher is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Researcher reserves the right to terminate any link or linking program at any time. Researcher has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the Services, you do so entirely at your own risk. Any links to any portion of the Services shall be the responsibility of the linking party, and Researcher shall not be responsible for notification of any change in name or location of any information on the Services.

12. Intellectual property

Researcher owns and operates the Services. Except as expressly set forth herein, all intellectual property rights in the Services and all material available therein, including, but not limited to, User Videos, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation, combination, look and feel or other works, concepts, inventions or other protectable aspects of the Services, are the property of Researcher or its licensors. Researcher retains all copyrights in the individual pages, and their components and compilations, and collective works available through the Services. You agree and acknowledge that no title to any software or any other aspect of the Services shall pass to you under these Terms of Use.

Except as set forth in the limited license herein, or as required under applicable law, the Services are copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. You shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the User Videos or any other portion or feature of the Services, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Services or any portion thereof without our prior written consent.

Trademarks, including but not limited to REWARDLENS, are the property of Researcher. All other names and trademarks are the property of their respective holders. These Terms of Use do not grant you a license to use any trademark, trade name, or logo of Researcher, and you recognize that the trademarks, trade names, and logos of Researcher represent valuable assets of Researcher and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. You hereby agree that you shall not use or permit any third party to use, at any time, Researcher's trademarks, trade names, or logos.

13. Infringement notices and takedown

Researcher prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Services infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent reachable at support@rewardlens.app.

To be effective, the notification must be in writing and contain the following information as required by 17 U.S.C. § 512(c)(3):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Researcher to locate such material;
• Information reasonably sufficient to permit Researcher to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14. Repeat infringer policy

In accordance with the DMCA, Researcher has adopted a policy that it will terminate, without notice, any user's access to the Services if Researcher determines that such user is a "repeat infringer." A repeat infringer includes, without limitation, a user whom Researcher knows has engaged in infringing activity more than twice or a user whose User Videos Researcher has removed from the Services more than twice. Researcher accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works.

15. Suspension and termination of users

Researcher reserves the right, without notice and in our sole discretion, to suspend or terminate your license to use the Services, and to block or prevent your future access to and use of the Services, regardless of whether you are a repeat infringer. Researcher maintains the right to suspend or terminate your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any of these Terms of Use, (iii) any policy or practice of Researcher in operating the Services, or (iv) any User Videos or information transmitted through the Services, is to terminate your account and discontinue your use of any and all parts of the Services. In the event that you breach these Terms of Use, including, but not limited to, any violation of Researcher's valuable intellectual property rights, Researcher may consider it appropriate to pursue legal action against you.

16. Disclaimer of warranties

The Services are provided as is, as available. To the fullest extent permissible pursuant to applicable law, Researcher, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees and agents disclaim all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties implied from a course of performance or course of dealing. Researcher, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees and agents do not warrant that the Services or any function or aspect thereof will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the Services, including any content, are free of viruses or other harmful components.

17. Limitation of liability

YOUR USE OF AND ACCESS TO THE SERVICE, YOUR PARTICIPATION IN THE PROJECT, AND YOUR CONSUMPTION OF ANY PRODUCT PROVIDED (EDIBLE OR DRINKABLE) ARE AT YOUR OWN RISK. Researcher takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Researcher liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Researcher further takes no responsibility and assumes no liability for any adverse reaction, injury, illness, or other damages that may result from your participation in the Project or consumption of the product.

As a provider of interactive services, Researcher is not liable for any statements, representations, or content provided by our users in any public forum, personal home page, or elsewhere on the Services. Researcher does not endorse any content or any opinion, recommendation or advice expressed therein, and Researcher expressly disclaims any and all liability in connection with such content.

In no event shall Researcher, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees and agents be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or any way connected with the access to or use of the Services, your participation in the Project, your consumption of any product provided, any delay in or inability to use the Services, or for any information, software, products and services advertised in or obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, strict liability or otherwise, even if Researcher, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees and agents have been advised of the possibility of damages. This limitation of liability applies, without limitation, to any damages or injury arising from adverse reactions to the product, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of you or a third party while filming, recording, or otherwise creating content for the Services or the Project, including, but not limited to, any in-store conduct.

Notwithstanding the foregoing, if for any reason, all or any part of the above limitation of liability is held unenforceable, in no event will the aggregate liability of Researcher, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees and agents, under or in connection with these Terms of Use, participation in the Project, or arising out of or in any way connected with the consumption of the product, access to or use of the Services, any delay in or inability to use the Services, or for any information, software, products and services advertised in or obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, strict liability or otherwise, exceed the greater of one hundred dollars ($100.00) or the aggregate fees owed to you by Researcher for services performed under these Terms of Use during the three (3) month period preceding the date on which the claim arose.

You acknowledge that, absent your agreement to this limitation of liability, Researcher would not provide the Services or the Project to you.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations shall not apply to you, and you might have additional rights under applicable law. Void where prohibited by law.

18. Indemnification

You agree to indemnify, defend and hold Researcher, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees and agents harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys' fees) asserted against, or suffered or incurred by, any of them arising out of or in connection with, or resulting from: (i) your use of the Services, your participation in any Projects, and/or your consumption or handling of any Product provided to you, and any transactions you conduct in connection with your use of the Services; (ii) any breach by you of these Terms of Use; (iii) any acts or omissions of you or any person or entity accessing your password; and (iv) your in-store activities while recording User Videos for submission to the Services, including, without limitation, any and all liability arising from your intentional misconduct or negligence. You acknowledge and agree that Researcher is not responsible for any liabilities, losses, damages, bodily harm, injury, costs or other expenses incurred by you in connection with your in-store activities, and that you are solely responsible for all such costs and expenses. Researcher reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Researcher's defense of such claim.

19. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, licensors, suppliers, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

20. Amendment and modification

Researcher reserves the right at any time to amend or modify these Terms of Use, to discontinue all or any portion of the Services or to add or remove any User Videos or other features from or to the Services. Researcher agrees to post all amended forms of these Terms of Use on the Services, and such amended forms shall be effective immediately upon posting. It is at all times your responsibility to read the most current form of the Terms of Use to ensure that you agree to the terms and conditions of any amendments to the Terms of Use. You agree that this procedure for giving notice of amendments to the Terms of Use is reasonable. Your use of the Services constitutes your acceptance of any such amendment, modification, discontinuance, addition or removal.

21. Governing law; venue

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard for its conflicts of laws principles. Any action, claim or proceeding arising out of or relating to the Services or these Terms of Use must be brought in the appropriate state or federal court located in Newark, New Jersey. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.

22. General

These Terms of Use, the Privacy Policy and any other policies posted on the Website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use. Researcher may assign these Terms of Use, in whole or in part, in its sole discretion. Researcher may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Website, or by written communication delivered by first class postage prepaid international mail to your address or contact information on record in Researcher's account information. You may give notice to Researcher at any time via electronic mail to support@rewardlens.app or by letter delivered by first class postage prepaid international mail or overnight courier to the following address: 26 Beatrice Street, Allendale, NJ 07401.

The headings of articles and Sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use. The following Sections shall survive any termination of these Terms of Use: 7, 8, 10, 11, 12, 13, 14, 16, 17, 18 and 19.

Contact us

Questions about these Terms of Use? Email us at support@rewardlens.app.