Terms of Service

 

GAUGE – TERMS OF USE AND PRIVACY POLICY

By utilizing the GAUGE app (the "GAUGE App" or "App"), and communicating with GAUGE via email and text message, you agree to be legally bound by the terms and conditions set forth below (the "Terms of Use" or "Agreement"). The terms "you" and "User" refer to anyone who accesses the GAUGE app.

IMPORTANT INFORMATION ABOUT PRIVACY

The GAUGE app is a survey and opinion collection application and influencer marketing application, so if you join our panel we will ask and collect the information you'll provide us. Such information may include your name, e-mail address, user name, and password. In addition, the app collects some information about your mobile phone automatically, such as the type of mobile device you use and the device's unique ID and IP address.

If you agree to share your geographic location, your phone will notify us when you visit key locations, so we can send you location-specific surveys. You can stop the data collection process by deleting the app, or you can stop geographic survey feature by disabling location alerts.

The data collected for this app is for market research and activation purposes. GAUGE’s clients receive data and feedback from you based on the answers and information you provide.

TERMS OF USE
Subject to applicable laws and regulations, GAUGE may change these Terms of Use at any time without notice.

Changes will be posted on the GAUGE App and/or sent to you via email and such changes shall be effective immediately. You agree to review the App periodically to be aware of any such amendments. Your continued use of the App and continued SMS messaging with GAUGE after such amendments have been made shall constitute acceptance of the amendments.

If any of these changes are unacceptable, you are not authorized to access the GAUGE App or SMS message GAUGE and should delete the App from your device.

1) ELIGIBILITY

Accounts in the GAUGE App are limited to individuals only. Corporations and other business entities are not eligible.

Use of automated services or machines is not permitted.

Use of the App requires you to establish an account and is limited to one (1) account per person, even if the individual has multiple e-mail addresses.

Users must be at least 13 years old. Users must be 13 years of age or older to use the GAUGE App or communicate with GAUGE via email or SMS messaging. By using the GAUGE App or communicating with GAUGE via email or SMS messaging you represent that you are 13 or older. If GAUGE discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the GAUGE App, GAUGE will terminate the account and remove the information or other content.

Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize the GAUGE App with parent or guardian’s approval.

2) MEMBER REGISTRATION OBLIGATIONS

As part of the registration process, you must provide GAUGE with accurate, complete, and updated information, including your first name, last name, and a valid email address, among other information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the app and forfeiture of incentive payments. Please see our Privacy Policy & Cookie Notice for information regarding how this information will be used and maintained.

As part of the registration process you must select a password. You are responsible for maintaining the confidentiality of the password used to log into the GAUGE App and you accept responsibility for all activities, charges and damages that occur in relation to your account. You shall promptly contact GAUGE if you believe there has been unauthorized use of your account.

In order to prevent unauthorized activity or access to your GAUGE App account, you must provide your e-mail address and selected password in order to update your profile information, update personal information (name, e-mail address, etc.) and redeem incentives.

You agree to abide by all applicable laws and regulations with respect to your GAUGE App account.

3) PASSWORD/ACCOUNT ACCESS RIGHTS AND RESPONSIBILITIES

GAUGE may act upon any instructions received under your password and e-mail address without further verification.

GAUGE cannot and will not be liable for any incentive credits or debits made to your account by anyone who uses your password.

4) EARNING GAUGE INCENTIVES

You agree to receive invitations to participate in surveys from GAUGE via email, SMS and the GAUGE App "push/badge" notification system.

You may earn incentives when you complete a survey. The amount or type of incentives that can be earned will be stipulated in each survey invitation or via SMS/email.

Not all surveys will include incentives and you are not required to participate in any survey.

You will receive the incentive only for completed and submitted surveys unless the survey invitation stipulates otherwise.

If you begin, then save a survey to complete at a later time or date, you acknowledge that survey respondent quotas may fill up, resulting in the survey being closed and preventing you from being able to complete the survey. You will not be entitled to any incentive if a survey closes before you submit the completed survey.

5) REDEEMING INCENTIVES

Cash Incentives. For surveys with cash incentives, you are not entitled to receive payment of any such cash rewards until your account reaches a minimum balance of $10.00 US.

Cash incentives are paid through PayPal or Cash App only.

GAUGE App account balances and/or incentives are not transferable by gift, upon death, as part of a domestic matter, or otherwise.

GAUGE App incentives and accounts may not be auctioned, traded, bartered or sold.

Your GAUGE App account may not be merged with the account of any other Member under any circumstances.

GAUGE reserves the right to change the incentive program to include different types of awards other than cash, such as an award points system. In the event that the incentive program is changed from cash to a points system, you will be given equal value in points for the existing balance in your account.

6) EXPIRATION OF GAUGE APP INCENTIVES

If your account has been inactive for more than 365 consecutive days from the last date of activity, one hundred percent (100%) of any GAUGE App incentives remaining in your account will be forfeited.

7) INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE

The Content may be used only for the purposes expressly set forth in the applicable Service Agreement and in accordance with applicable laws and regulations.

The GAUGE App is the property of GAUGE, Inc. or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the App and within the Content, including the name GAUGE are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the App may be registered or unregistered marks of GAUGE or others.

You agree that you will not copy, share or replicate any of the information, questions, images or videos provided during surveys, (the "Content"). Such action is a material violation of this Terms of Use and will result in immediate termination of your right to access and use the GAUGE App as well as potential civil penalties.

Nothing contained in the App should be construed as granting any license or right by implication, estoppel or otherwise to use any of the Marks displayed on the App without the express written permission of GAUGE or a third-party owner of such Marks. You shall honor all reasonable requests by GAUGE to protect the proprietary interests of GAUGE in the App and the Content.

Illegal and unauthorized uses of the Marks or any other Content are strictly prohibited.

8) MEMBER CONDUCT

You agree to not use the GAUGE App to:

Violate applicable law;

Impersonate any person, or misrepresent your identity;

Interfere with, disrupt or violate the terms and conditions and operating rules of the GAUGE App or servers or networks connected to GAUGE; or disobey any requirements, procedures, policies, or regulations of such networks;

Interfere with another Member's use of the GAUGE App;

Attempt to gain unauthorized access to the GAUGE App, or to any other accounts, Web Sites, computer systems, or network;

Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

Use the GAUGE App to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

Provide access to the GAUGE App to others using your personal account.

You agree to provide truthful and appropriate answers to all survey questions and requests for personal or demographic information. GAUGE reserves the right to withhold cash or non-cash incentives to you if GAUGE determines, in good faith, that your responses to survey questions are not truthful or appropriately considered.

9) ANTI-HACKING PROVISION

You expressly agree not to use the GAUGE App to:

Launch or attempt to launch any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire,

Copy, or monitor any portion of the App, any data or Content found on or accessed through the App or any Other Content without the prior express written consent of GAUGE;

Obtain or attempt to obtain through any means any materials or information on the App that have not been intentionally made publicly available either by their public display on the App or through their accessibility by a visible link on the App;

Violate the restrictions in any robot inclusion headers on this App or in any way bypass or circumvent any other measure employed to limit or prevent access to the App or its Content; violate the security of the App or attempt to gain unauthorized access to the App, data, materials, information, Web Sites, computer systems or networks connected to any server, through hacking, password mining or any other means;

Interfere or attempt to interfere with the proper working of the App or any activities conducted on or through any Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the App;

Take or attempt any action that, in the sole discretion of GAUGE, imposes or may impose an unreasonable or disproportionately large load or burden on the infrastructure of GAUGE

10) TERMINATION

This Agreement, and your account, may be terminated as follows:

Member Termination. You have the right to terminate this Agreement and your GAUGE App account at any time by deleting the application from your mobile device. Inactive accounts will be automatically closed after 365 consecutive days of inactivity.

GAUGE Termination. GAUGE may terminate this Member Agreement and your GAUGE App account effective immediately and without prior notice, for any reason, including, without limitation, inactivity, failure to provide accurate information or valid survey responses, or if GAUGE believes in its sole discretion that you have violated or acted inconsistently with this Member Agreement.

11) DISCLAIMER OF WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you in connection with your use of the GAUGE App. If you are dissatisfied with the App or with these Terms of Use, your sole and exclusive remedy is to cease using the App. Neither GAUGE nor any third-party provider will pay you any damages in connection with your access or non-access to the GAUGE App.

Neither GAUGE, their affiliates, nor their third-party providers guarantee the accuracy, completeness, timeliness or availability of any Content provided through this App. GAUGE, their affiliates, third-party providers, their directors, officers, shareholders, employees and agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of such information.

GAUGE, GAUGE AFFILIATES AND THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

In no event shall GAUGE, their affiliates or their third-party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of such information or the GAUGE App even if GAUGE has been advised of the possibility of such damages.

12) LINKS TO OTHER WEB SITES FROM THIS WEB SITE.

You may, through hypertext or other computer links on the App, gain access to Web sites operated by persons other than GAUGE. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such Web sites' owners. You agree that GAUGE is not responsible for the content or operation of such Web sites, and that GAUGE shall have no liability to you or any other person or entity for the use of third-party Web sites.

Except as described below, a hyperlink from this app to another Web site does not imply or mean that GAUGE endorses the content on that Web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Web sites to which you link from this app. GAUGE assumes no responsibility for the use of third-party software on the Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

13) USER CONTENT

The User grants to GAUGE the non-exclusive and perpetual right to use all Content entered into or on the App by the User (other than User Registration Information) in any medium and for any purpose.

Users posting Content on the App are responsible for the content of that material. GAUGE has no responsibility for User Content or for the content of any messages or information posted by Users or others, or for the content of information accessible on the Internet, even if accessed via direct or indirect hyperlinks from the App. However, GAUGE retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete User Content that GAUGE deems to be illegal, offensive, or otherwise inappropriate.

The User is solely responsible for all access to, usage of, or activity on, such User's account/profile including, but not limited to, use of the account/profile by any person who uses your password to access the GAUGE App, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible.

The User agrees not to post, upload, transmit, send or otherwise make available on or through the App any Content which such User is bound not to disclose by agreement, contract, fiduciary duty, employment relationship, or otherwise, including but not limited to, insider information, proprietary and/or confidential information, trade secrets or Content that infringes upon any third-party's rights.

The User agrees to indemnify GAUGE and any third-party data providers, from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that GAUGE, its affiliates, employees, and authorized representatives may incur as a result of any claim arising out of User Content posted using your email address and password, including without limitation, that which violates these Terms of Use and/or applicable laws.

14) ADDITIONAL LEGAL TERMS - USER'S AGREEMENT TO THESE TERMS OF USE

Subject to the terms of the applicable Service Agreement and applicable laws and regulations, GAUGE may discontinue or change the App, or its availability to you, at any time. Your agreement to these Terms of Use survives any such discontinuation.

These Terms of Use, constitute the entire agreement ("Agreement") between the parties relating to the GAUGE App and supersedes any and all other agreements, oral or in writing, with respect to the App. The failure of GAUGE to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Delaware. The parties agree that the State and Federal courts of California shall be the exclusive forums for any dispute arising out of this Agreement and the parties hereby consent to the personal jurisdiction of such courts.

15) INDEMNIFICATION

You agree to indemnify and hold harmless GAUGE and its current and future subsidiaries, successors, affiliates, licensors, suppliers, co-branders, third-party providers, clients, sponsors, and partners, and the officers, directors, employees, and agents of each of them, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that any such party may incur as a result of, due to, or arising out of violation by you (or anyone acting under your account or password) of this Member Agreement or the use or misuse of the GAUGE App by you (or anyone acting under your account or password), or the violation of any rights of another by you (or anyone acting under your account or password).

PRIVACY POLICY AND COOKIE NOTICE

GAUGE respects your preferences concerning the treatment of personal information that we may collect from your use of our apps, SMS and email messages, from your registration with one or more of our survey panels, or from your participation in our surveys.

This policy lets you know how we collect and use your personal information.

1) Information Collection

We collect certain information that you provide us about you and your use of our apps. This may include information about your name, address, telephone number, email address, zip code, Internet domain and IP address, type of browser and operating system, and the date and time of your visit.

If you use our Facebook app we may also collect the information you make public through your profile such as your name, date of birth, email address, and residence location.

However, you control what specific information is made public through your use of your Facebook privacy settings. We use the information we gather primarily to learn about the number and geographic location of people who use our apps and the technology used, to assist in developing changes to our apps, as well as for business planning purposes.

2) Information Sharing

If you register for our app, each registrant provides us with certain personal information such as their name, e-mail address, zip code and certain demographic and other information so that we can match their survey participation with different types of surveys. Registration information is available to GAUGE for use in future surveys conducted for GAUGE clients or for its own studies.

If you participate in our surveys, the information you provide will be used only for market research and activation and will not be used for unrelated, non-research or activation purposes such as direct marketing, non-consent list generation, credit rating, push polling, fund-raising or other intrusive marketing, fundraising or political activities.

3) Usage Tracking

Cookies are small text files or other forms of data which are stored on a computer by a website that assign a numerical user ID and stores certain information about the internet browsing activity of the user of a computer. GAUGE uses session and persistent cookies to make it easier for you to navigate GAUGE's apps, to provide a better experience for Survey participants, and for quality control and validation purposes. Session cookies expire when you close your browser. Persistent cookies remain on your computer, indefinitely, until deleted by you. Personal Information is not stored or collected in the cookies used by GAUGE. You may disable and/or delete cookies via your browser and/or plug-in settings; however, this may: (1) decrease the functionality of the websites you visit; (2) limit your ability to use and view GAUGE's apps; and (3) limit your participation in Surveys.

4) Geographic Location (GPS) Tracking

When you use GAUGE's app, you will receive prior notice of and must give your consent before your geographic location is used or shared. We monitor, collect and use your wireless geographic location information obtained by our apps through your computer or mobile device, to provide you with geographically focused survey opportunities from GAUGE and our clients and to maintain and improve our apps. The information you receive in connection with your use of GAUGE's app may include survey offers related to you and your specific geographic location. Please also be aware that persons with whom you share your computer or mobile device may log in to our apps and consent to our geographic location tracking of your computer or mobile device.

You can turn off the geographic location monitoring in the setting by disabling location services.