Terms of Use

GAUGE – TERMS OF USE AND PRIVACY POLICY

Last updated: February 8, 2022

Welcome to Gauge! Gauge is a survey and opinion collection software and service platform that conducts mobile focus groups and market research with tastemakers and experts in key communities.

The following terms of service (the “Terms of Use” or “Agreement”) form a legal agreement between you and Get Gauge, Inc. (“Gauge,” “we,” “us,” or “our”). These Terms of Use apply to all visitors, users, members, contributors, and others who access the Platform as hereinafter defined (“you,” or “Users”), and hereby incorporates by reference our Privacy Policy located at https://gauge.ai/privacy-policy/. Please read these terms of service as set out below carefully before using the Gauge website (www.gauge.ai), the Gauge web and mobile app, and the related features and services (all of the foregoing, collectively, the “Platform”). These Terms of Use govern your access to and use of the Platform, including the messages, information, data, text, software, images, and other content that make up GAUGE and its services/offerings.

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM. FOR EXAMPLE, THE TERMS OF USE INCLUDE:

IMPORTANT INFORMATION ABOUT THE FUNCTIONAL LIMITATIONS OF THE PLATFORM;
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU CONSENT TO RESOLVE CERTAIN DISPUTES VIA ARBITRATION, SEE SECTION 10 BELOW.

YOUR ACCESS TO AND USE OF THE PLATFORM IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. By using the Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Platform is offered and available to Users who are 13 years of age or older; provided that Users between 13 and 18 years of age may only utilize the Platform with parent or guardian’s approval. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements, that you have the power and authority to accept and agree to these Terms of Use, and you own or control all of the rights necessary to grant the rights and licenses granted herein. If you do not meet all of these requirements, you must not access or use the Platform.

IMPORTANT INFORMATION ABOUT PRIVACY

The GAUGE app is a survey and opinion collection 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 purposes only and is not used to market anything directly to you.

TERMS OF USE

All information we collect on or through the Platform, including all information you provide as part of any registration / account creation process with GAUGE and all information you provide through the use of any interactive element of the Platform, is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy

Subject to applicable laws and regulations, Gauge may change these Terms of Use at any time without notice.

Changes will be posted on the Platform and/or sent to you via email and such changes shall be effective immediately; provided that any changes to the dispute resolution provisions set out in Section 10 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted or sent. You agree to review the Terms of Use periodically to be aware of any such amendments. Your continued use of the Platform 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 or use the Platform and should delete or disable all connectivity to the Platform from your device.

1) ELIGIBILITY

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

2) USER 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. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the GAUGE App and forfeiture of incentive payments. 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 Platform 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 access to or use of your user name, password, or account, or any other breach of security related to the Platform.

In order to prevent unauthorized activity or access to your 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 account.

3) ACCESS RIGHTS AND PASSWORD/ACCOUNT RESPONSIBILITIES

We reserve the right to withdraw, amend, or discontinue the Platform, in whole or in part, in our sole discretion without notice. Your agreement to these Terms of Use survives any such withdrawal, amendment or discontinuation. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Inactive accounts may be automatically closed after 1,095 consecutive days of inactivity.

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 and the Platform "push/badge" notification system. You further agree that you will not share survey links or related materials on any public forums, social media sites or websites without GAUGE’s prior written consent in each case.

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.

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

You will receive the incentive only for truthfully completed, appropriately considered, and completely submitted surveys, unless the survey invitation stipulates otherwise. You will not receive an incentive for any submission that:

infringes or threatens to infringe upon or misappropriates the rights of any person or entity, including but not limited to intellectual property rights or privacy rights;
fails to meet minimum content requirements (e.g., minimum word counts or audio/video duration), fails to provide a unique or otherwise bona fide response to each query, or is otherwise facially incomplete;
utilizes fraudulent, deceptive, or “spamming” practices, including but not limited to the use of repetitive comments, multiple/duplicative submissions from multiple/fraudulent accounts, and use of “incentivization spam” tactics; or
otherwise violates these Terms of Use.

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 may be paid through third-party payment processors (e.g., PayPal, Cash App, Amazon) or other services as GAUGE deems appropriate.

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

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

Your Platform account may not be merged with the account of any other User 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 1,095 consecutive days from the last date of activity, one hundred percent (100%) of any Platform incentives remaining in your account will be forfeited.

7) INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE

“Content” means the information, questions, text, images or videos provided to you during, through, or in connection with the Platform. “User Contributions” means the information, questions, text, images or videos you post, submit, publish, display, or transmit to Gauge, other users or other persons during, through, or in connection with the Platform.

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

As between you and Gauge, the Platform and all Content is the property of Gauge 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 Platform 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 Platform may be registered or unregistered marks of Gauge or others.

You agree that you will not copy, share or replicate any of the Content. Such action is a material violation of these Terms of Use and will result in immediate termination of your right to access and use the Platform as well as potential civil penalties.

Nothing contained in the Platform should be construed as granting any license or right by implication, estoppel or otherwise to use any of the Marks displayed on the Platform 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 Platform and the Content.

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

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the non-exclusive and perpetual right to use, reproduce, modify, publicly perform, publicly display, distribute, and otherwise disclose to third parties any such material in any medium, now known or future developed, and for any purpose.

Gauge respects the copyright interests of others and does not knowingly permit materials herein that infringe another party’s copyright.

If you believe any materials on the Platform infringe a copyright, you should provide us with written notice thereof. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice must include substantially the following:

A physical or electronic signature (i.e., “/s/ (print name)”) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and a statement of ownership of such work(s);
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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
A statement that the complaining party has 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;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or protection of law.”

All DMCA notices should be sent to our designated agent as follows:

Rebecca O’Neill (rebecca@getgauge.com)

8) USER CONDUCT AND USER CONTRIBUTIONS

You agree to not use the Platform 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 Platform or servers or networks connected to Gauge; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another User's use of the Platform;
Attempt to gain unauthorized access to the Platform, 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 Platform 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 Platform to others using your personal account;
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 Platform, any data or Content found on or accessed through the Platform 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 Platform that have not been intentionally made publicly available either by their public display on the Platform or through their accessibility by a visible link on the Platform;
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 Platform or its Content; violate the security of the Platform or attempt to gain unauthorized access to the Platform, 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 Platform 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 Gauge 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.

Users posting User Contributions on the Platform are responsible for the content of that material. Gauge has no responsibility for User Contributions 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 Platform. However, Gauge retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete User Contributions 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 Platform, 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 Platform any User Contributions 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 User Contributions that infringe upon any third-party's rights.

9) MONITORING; ENFORCEMENT

You expressly agree that Gauge has the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use or could create liability for Gauge;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform;
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS Gauge AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Gauge assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party through or in connection with the Platform. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

10) DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

In consideration for GAUGE’s provision of the Platform to you, you and Gauge each agree that any and all disputes or claims arising under, out of, in connection with, or related to your use of the Platform, these Terms of Use in any fashion, or the subject matter, negotiation, performance, termination, interpretation, or formation of the agreement resulting from your acceptance of these Terms of Use, (a “Dispute”) must be resolved exclusively in binding arbitration. However, a party may assert a claim in small claims court, if the asserted claim qualifies and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Arbitration Agreement is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

For any dispute with Gauge, you agree to first contact us at hello@getgauge.com and attempt to resolve the dispute with us informally. In the unlikely event that we do not resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any Gauge claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and shall be conducted in New York, New York, unless otherwise agreed to in writing by the parties. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights.

No Class Action; No Jury Trial

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11) DISCLAIMER OF WARRANTIES AND LIABILITY

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

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 AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE PLATFORM, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. GAUGE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE PLATFORM. GAUGE DOES NOT REPRESENT OR WARRANT THAT (A) THE PLATFORM WILL BE AVAILABLE, SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER APPLICATION, SOFTWARE, HARDWARE, SYSTEM, OR DATA, (B) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA STORED USING THE PLATFORM WILL BE ACCURATE, RELIABLE, OR SECURE, (D) ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR (E) THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED STRICTLY ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAUGE AND ITS AFFILIATE AND LICENSORS DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING OUT OF STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAUGE OR ITS AFFILIATES OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF CAPITAL (IN EACH CASE, WHETHER DIRECT OR INDIRECT) OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY GAUGE FURNISHED UNDER THE PLATFORM THE USE THEREOF. THIS LIMITATION APPLIES TO ANY DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE LIABILITY OF GAUGE EXCEED $100, OR IF GREATER, SUCH AMOUNT AS IS THE MINIMUM AMOUNT FOR WHICH GAUGE WOULD BE LIABLE UNDER APPLICABLE LAW. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION ARISES OR WILL BE DEEMED FORFEITED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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

You may, through hypertext or other computer links on the Platform, 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 the Platform. Gauge assumes no responsibility for the use of third-party software on the Platform and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

13) INDEMNIFICATION

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Gauge, its affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, and any third-party data providers, harmless (collectively “indemnify” or any variation thereof) from and against all claims, damages, liabilities, losses, costs, charges and expenses, including reasonable attorneys' fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Platform, including any and all features, functionality, tools, content and promotions available on and through the Platform, (ii) User Contributions, (iii) any interactions with any other User, (iv) your breach of the Terms of Use, including any violation of international, national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.

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

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between the parties relating to the Platform and supersedes any and all other agreements, oral or in writing, with respect to the Platform. 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 any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Except as otherwise expressly provided herein, these Terms of Use are governed by the laws of the State of New York, United States of America (excluding its conflict of law rules or choice of law rules). The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. Subject to Section 10 above, you and Gauge agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Disputes”) shall be brought in the federal or state courts located in New York and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that Gauge retains the right to submit a Dispute to any court of competent jurisdiction. In the event that arbitration is not available, you and Gauge agree that any and all Disputes will be brought in the federal or state courts located in Manhattan, New York, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Further, either party may also seek injunctive or other equitable relief for breach of these Terms of Use in any court of competent jurisdiction wherever located. Each party consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.

II. Privacy Policy

PRIVACY POLICY AND COOKIE NOTICE

This Privacy Policy is effective as of February 8, 2022.

Gauge® is a service of Get Gauge, Inc. (“we”, “us”, “our”). This Privacy Policy lets you know how we collect, use, and share the personal information that you provide to us through our consumer survey website and mobile application (“app”) that link to this Privacy Policy (collectively, our “Platform”). The Platform offers you the ability to respond to surveys that we conduct on behalf of our business partners (“Partners”), for example, to conduct and improve their products, services, and advertising. We may offer you incentives in exchange for your survey participation. By using the Platform, you agree to the collection, use, and disclosure of personal information and related procedures that this Privacy Policy describes. Beyond the Privacy Policy, your use of the Platform is also subject to our Terms of Use.

1) Information Collection

We collect personal information about you when you use the Platform. This information may be provided by you voluntarily to us, collected by us automatically, or provided to us by third-party sources.

Information You Voluntarily Provide to Us: We collect certain personal information that you voluntarily provide to us when you use the Platform. This information includes:

Registration Information and Account Credentials. When you apply to be a Gauger, we collect your first and last name, gender, email address, country, job title, organization, photo, and the link to any professional or social media profile you provide (e.g., LinkedIn, Instagram, Twitter, Facebook, Snapchat). If you choose to provide it, we also collect information about your race or ethnicity. When you register an account after your application to be a Gauger is approved, we also collect your password for authentication and account access.
Survey Responses. When you respond to surveys offered on our Platform, as part of the survey, we collect:
- Rewards Payment Data, including your online payment information, such as PayPal account information, to receive rewards when offered.
- Uploaded Data, including photo, audio, and video information that you may submit through the Platform.
If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. When we send you emails, such as our newsletter or responses from our Customer Support Team, we may track whether you open them to learn how to deliver a better customer experience and improve our Platform.
If you decide that you wish to apply for a job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn.

Information We Collect Automatically: We may also collect information automatically when you use our Platform, including information about your device, the way you use our Platform, and other information we use for analytics. This information includes:

Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level).
Device Data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as an IP address.
Platform and Usage Information, including data about features you use (such as the date and time of your visit or when you installed our application on your device), pages you visit, emails and advertisements you view, streaming video services that you use (including the content you choose to watch), products and services you view and purchase, the time of day you browse, and your referring and exiting pages.
Information from Cookies or Similar Tracking Technologies, including cookies, pixel tags, or similar technologies to collect information about your online activities over time and across different services. For more information about cookies and other tracking technologies, please see the Section entitled “Cookies and Other Information Collection Tools” below. For more information about how to control cookies, please see the Section entitled “Your Choices” below.

Information Received from Third-Party Sources: We may also collect personal and other information about you from third parties. Such sources of information may include:

Information from Third-party Service Providers. For example, if you use our Facebook or LinkedIn log-in tools, we may collect the information you choose to make publicly available through your Facebook profile such as your name, date of birth, email address, residence location, and your profile photo. If you wish to limit the information available to us and what specific information is made public through your use of such third parties services, such as Facebook or LinkedIn, you should visit the privacy settings of your third-party accounts to learn about your options.
Information from our Partners or Other Third Parties. We may receive additional information about you, such as demographic data or device identifiers, from our Partners or other third parties, such as data or marketing partners, and combine it with other information we have about you.

2) Cookies and Other Information Collection Tools

What are Cookies? Cookies are small text files or other forms of data which are stored on a computer by a website and can store certain information about the internet browsing activity on that computer. When you visit our website or use the Platform again, the cookie allows the website and Platform to recognize your browser or device. Cookies may store unique identifiers, user preferences and other information.

Why do we use Cookies? We use session and persistent cookies, and other similar technologies, to make it easier for you to navigate our Platform, to provide a better experience for survey participants, to show you marketing and promotional content from us or third parties, and for quality control and validation purposes. You may be able to 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 our websites; and (3) limit your participation in the Platform, including incentivized surveys. Even if you disable cookies, we may collect and use other information that identifies your device over time to provide our services.

The information generated by the cookie about your use of the Platform (including IP address) is transmitted to our data collection tool analytics service providers such as Google Analytics. This information is then used by us to evaluate visitors’ use of the Platform and to compile statistical reports on the Platform’s activity. These service providers may use cookies or other technologies to collect information about your online activities across the Platform and other sites and apps over time for analytics purposes.

What is the duration of Cookies? We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erase them. Persistent cookies have varying durations that are dependent on their expiration date.

3) Information Use

We use the information we collect for the following purposes:

to offer, maintain, enhance, and improve the Platform and our business, including to administer surveys and provide results to our Partners;
to understand and analyze how you use our Platform, including and develop new products, services, features and functionality;
to communicate with you, provide you with updates and other information relating to our Platform, provide information that you request, respond to comments and questions, and otherwise provide customer support;
to update your status on your social networks, to send messages on your behalf to your social networks, and to provide other features and services to you;
to facilitate the connection of third-party services or applications, such as social networks;
to personalize your experience on our Platform, such as by providing tailored content and offering more relevant surveys to you;
to generate anonymized, aggregate data containing de-identified, non-personal information that we may use to publish reports or otherwise share;
to detect and prevent fraud, a breach of policies or terms, and threats or harm to the Platform or any individual;
to send you push notifications in the app and text messages;
to facilitate transactions and payments, such as rewards from surveys in which you participate;
to develop and send you marketing and promotional material, including advertisements and communications about our and other entities’ products, offers, promotions, rewards, events, and services, which may be relevant, valuable or otherwise of interest to you;
for compliance purposes, including enforcing our terms of service or other legal rights, or as may be required by applicable laws and regulations, or requested by any judicial process or governmental agency; and
to fulfill any other business or commercial purposes at your direction or with your notice and/or consent.

4) Information Sharing

We will not make your personal information available organizations or companies who are not the direct Partner of the specific survey you responded to.

We may disclose your personal information as follows:

when we are providing a report of findings to the Partner who sponsored the survey;
when we have your permission to do so, including when you give your permission for a specific Partner to contact you for follow-up research purposes;
to our affiliates;
to service providers that help us provide the Platform and otherwise operate our business;
to selected third parties when they send offers on our Platform for additional survey opportunities from those third parties;
when we believe in good faith that the law requires it, pursuant to a court order, subpoena, warrant, or in response to a government inquiry;
when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the law or our rights or interfering with (either intentionally or unintentionally) use of our apps or services;
in connection with a sale of stock or assets, merger, or any other change of control transaction, or in the case of a bulk or partial sale, or other transfer (including third party panelist administration) of information to another research organization / end user.

Because Gauge is built on learning from people with unique experience, expertise or influence, in the course of providing a report to the Partner who sponsors a survey we may share your basic personal identifiers with that Partner (including but not limited to name, occupation, and area of expertise or influence). We will not share this information outside of the specific Partner who sponsors the survey.

We may share other information with our Partners to provide them with our services or for their own research purposes. Typically, this information may include survey responses, and/or demographic information associated with unique identifiers such as hashed email addresses, device identifiers, or other alphanumeric identifiers used for internal purposes.

We may share and disclose information that is de-identified or otherwise does not specifically identify you or your device, in our discretion.

5) Third Party Links

Our Platform may provide links to third-party websites or apps including offers and links to additional survey opportunities on third-party platforms. We do not control the privacy practices of those websites or apps, and they are not covered by this Privacy Policy. You should review the privacy policies of other websites or apps to learn about their data practices.

6) Updating Your Information or Deactivating Account

You may review, change or update your personal information under the “Profile” tab in your app.

You can deactivate your account by deleting the Gauge application. If you deactivate your account, we will stop sending you surveys and will stop collecting information through the Gauge app for devices associated with your account. We will keep your information in our records in case you want to reactivate.

7) Information Deletion and Retention

You can ask us to delete your personal information from our active files by emailing us at hello@getgauge.com. We may still retain some personal information as needed for legal and recordkeeping purposes. A request to delete your personal information will not affect any information that we previously shared with affiliates or third parties as described above.

In all other cases, we will retain information as long as required by law or as long as needed for our business purposes.

8) Children under 13

We do not knowingly collect personal information from individuals under the age of 13 on the Platform. If we learn that a person under 13 has provided us with personal information, we will endeavor to delete that information from our database. If you are a parent or legal guardian and believe that your child who is under 13 may have given us personal information, contact us.

9) International Users

The Platform is not currently offered in the European Economic Area or Switzerland. If you are using our Platform from other locations outside the United States, please note that by providing your information to us, you are agreeing to the transfer of your information to, and the collection and processing of such information in, the United States. U.S. laws regarding the collection, use, disclosure, and processing of information may vary from those in other countries and may be less stringent than the applicable laws in your jurisdiction. By providing your information, you consent to any transfer and processing in accordance with this Privacy Policy.

10) Changes to Our Privacy Policy

We reserve the right to modify or revise this Privacy Policy at any time and in our sole discretion. We will post any changes to this Privacy Policy on our Platform. We encourage you to revisit this policy regularly to stay informed about how we collect, use, and share your information.

11) Contacting Us

If you have questions or concerns about this Privacy Policy or the use or disclosure of your information as described in this Privacy Policy. Please contact us through support in this app or at hello@getgauge.com.

GAUGE – TERMS OF USE AND PRIVACY POLICY

Last updated: February 8, 2022

Welcome to Gauge! Gauge is a survey and opinion collection software and service platform that conducts mobile focus groups and market research with tastemakers and experts in key communities.

The following terms of service (the “Terms of Use” or “Agreement”) form a legal agreement between you and Get Gauge, Inc. (“Gauge,” “we,” “us,” or “our”). These Terms of Use apply to all visitors, users, members, contributors, and others who access the Platform as hereinafter defined (“you,” or “Users”), and hereby incorporates by reference our Privacy Policy located at https://gauge.ai/privacy-policy/. Please read these terms of service as set out below carefully before using the Gauge website (www.gauge.ai), the Gauge web and mobile app, and the related features and services (all of the foregoing, collectively, the “Platform”). These Terms of Use govern your access to and use of the Platform, including the messages, information, data, text, software, images, and other content that make up GAUGE and its services/offerings.

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM. FOR EXAMPLE, THE TERMS OF USE INCLUDE:

IMPORTANT INFORMATION ABOUT THE FUNCTIONAL LIMITATIONS OF THE PLATFORM;
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU CONSENT TO RESOLVE CERTAIN DISPUTES VIA ARBITRATION, SEE SECTION 10 BELOW.

YOUR ACCESS TO AND USE OF THE PLATFORM IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. By using the Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Platform is offered and available to Users who are 13 years of age or older; provided that Users between 13 and 18 years of age may only utilize the Platform with parent or guardian’s approval. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements, that you have the power and authority to accept and agree to these Terms of Use, and you own or control all of the rights necessary to grant the rights and licenses granted herein. If you do not meet all of these requirements, you must not access or use the Platform.

IMPORTANT INFORMATION ABOUT PRIVACY

The GAUGE app is a survey and opinion collection 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 purposes only and is not used to market anything directly to you.

TERMS OF USE

All information we collect on or through the Platform, including all information you provide as part of any registration / account creation process with GAUGE and all information you provide through the use of any interactive element of the Platform, is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy

Subject to applicable laws and regulations, Gauge may change these Terms of Use at any time without notice.

Changes will be posted on the Platform and/or sent to you via email and such changes shall be effective immediately; provided that any changes to the dispute resolution provisions set out in Section 10 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted or sent. You agree to review the Terms of Use periodically to be aware of any such amendments. Your continued use of the Platform 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 or use the Platform and should delete or disable all connectivity to the Platform from your device.

1) ELIGIBILITY

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

2) USER 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. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the GAUGE App and forfeiture of incentive payments. 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 Platform 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 access to or use of your user name, password, or account, or any other breach of security related to the Platform.

In order to prevent unauthorized activity or access to your 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 account.

3) ACCESS RIGHTS AND PASSWORD/ACCOUNT RESPONSIBILITIES

We reserve the right to withdraw, amend, or discontinue the Platform, in whole or in part, in our sole discretion without notice. Your agreement to these Terms of Use survives any such withdrawal, amendment or discontinuation. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Inactive accounts may be automatically closed after 1,095 consecutive days of inactivity.

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 and the Platform "push/badge" notification system. You further agree that you will not share survey links or related materials on any public forums, social media sites or websites without GAUGE’s prior written consent in each case.

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.

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

You will receive the incentive only for truthfully completed, appropriately considered, and completely submitted surveys, unless the survey invitation stipulates otherwise. You will not receive an incentive for any submission that:

infringes or threatens to infringe upon or misappropriates the rights of any person or entity, including but not limited to intellectual property rights or privacy rights;
fails to meet minimum content requirements (e.g., minimum word counts or audio/video duration), fails to provide a unique or otherwise bona fide response to each query, or is otherwise facially incomplete;
utilizes fraudulent, deceptive, or “spamming” practices, including but not limited to the use of repetitive comments, multiple/duplicative submissions from multiple/fraudulent accounts, and use of “incentivization spam” tactics; or
otherwise violates these Terms of Use.