Participant Terms & Conditions

This page contains the terms and conditions applicable to individuals, companies, and entities that are registered for or intend to register for a Participant account at AppStoreResearch. Please visit Researcher terms and conditions at https://www.appstoreresearch.com/terms-conditions-researcher for the terms that apply to Researchers.

Please read carefully these Terms & Conditions and our Privacy Policy, which may be found at www.appstoreresearch.com/privacy-policy. If you do not agree to these Terms & Conditions, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site in accordance with these Terms & Conditions may subject you to civil and criminal penalties.

1.  Our services to Participants

1.1. AppStoreResearch provides Participants with a platform where they can share their feedback on Researchers’ products and services by participating in a Research Interview (“Research Interview”) by means of tele- or videoconference, online survey, direct messaging, interview, testing, or other research session facilitated through a digital means of interaction.

1.2. AppStoreResearch connects Participants with Researchers based on the Participant’s profile and sphere of expertise through the internal system of matching the criteria for research.

1.3. AppStoreResearch facilitates the collection and distribution of Participant Incentives as described in Paragraph 5 herein.

2.  Participant Account Registration

2.1. Users who are willing to become Participants at AppStoreResearch can sign up for an account by using their email address and filling out an application form that collects some personal information, including, but not limited to, contact information and demographic information, the details of their professional background, and business details.

2.2. Participants are encouraged to use their business email upon signing up for the account with AppStoreResearch. It may be used to validate some of the information about the professional background of a Participant, which will add additional credibility to their profile.

2.3. Each application submission goes through a review process where AppStoreResearch checks if the Participant’s profile fits the needs and quality expectations of the Researchers. The review process may take 3–5 business days.

2.4. After the application is approved by AppStoreResearch, the Participant receives a notification to the connected email address with the link to access Participant’s account, where they can add their payment information (PayPal, Stripe) to receive payouts of Participant Incentives.

3.  Participant Information

3.1. ‍In order to post listings on the AppStoreResearch platform and be matched with Researchers for Research Interviews, Participants will be required to provide certain information to AppStoreResearch, including, without limitation, personal information such as contact information and demographic information, as well as some business information and information about professional background. You acknowledge and agree that AppStoreResearch may take steps to validate the information provided by you during the account application stage. By using our Services, you acknowledge that this collection and validation of information is necessary and forms the basis of your presence on the platform. You agree to the collection, use, and disclosure of this information in accordance with our Privacy Policy, which is incorporated into these Terms.

3.2. You acknowledge and agree that when you apply to a Research Project (“Research Project”), AppStoreResearch will share your personal information with the applicable Researcher. You acknowledge that during a Research Interview, a Researcher may collect additional information from you, including, without limitation, your personal information. Any additional information provided by you in connection with a Research Project will be shared with both AppStoreResearch and the applicable Researcher. The collection, use, and disclosure of information you provide to any Researcher in connection with a Research Interview, as well as any disputes related thereto, are subject to that Researcher’s privacy policy and other applicable terms and are not controlled by AppStoreResearch.

3.3. You further acknowledge that as a condition of your participation in a Research Interview, the applicable Researcher may require you to agree, among other things, (a) that any and all information expressed or communicated by you during the Research Interview may be freely used and disclosed by the Researcher without restriction or compensation to you (other than the Researcher Incentive offered in connection with the Research Interview), and (b) to assign to the Researcher all intellectual property rights in and to such information. You agree to act in a professional manner at all times in connection with your participation in a Research Interview.

3.4.You represent and warrant that (i) all information you provide to AppStoreResearch and/or any Researcher will be accurate and complete; (ii) you have the right to provide such information and have obtained all necessary consent where applicable; (iii) the information does not violate the rights of any other person or entity; (iv) the information does not contain the confidential or proprietary information of any other person or entity; and (v) you have no agreement with or obligations to any third party that would prohibit your use of the Services in the manner so used. You acknowledge and agree that your submission of any personal information to AppStoreResearch and/or any Researcher is voluntary and entirely at your own risk. You hereby grant to AppStoreResearch and such Researcher (as applicable) a perpetual, royalty-free, worldwide right and license to copy, display, make derivative works of, and otherwise use such information to provide the Services in accordance with these Terms.

4.  Confidentiality

4.1. ‍As a Participant at AppStoreResearch, you explicitly agree that all information relating to Research Projects and Research Interviews that you participate in or that is otherwise made available to you through the Services, whether in hardcopy, electronic, or oral format, shall be protected and kept confidential (“Confidential Information”). You shall not, except to the extent permitted by these Terms or expressly authorized by AppStoreResearch or the applicable Researcher in writing, use or disclose such Confidential Information. Confidential Information includes, without limitation, the identity of any Researcher associated with a Research Project or Research Interview, the specific terms of or activity related to your participation in a Research Project or Research Interview, and the feedback, information, or responses you provide or receive in connection with a Research Project or Research Interview.

4.2. Research Interviews may also be protected under the terms of a Non-Disclosure Agreement between you and the applicable Researcher, in which case, in the event of any conflict between the terms of such agreement and Paragraph 4 of these Terms, the terms of such agreement shall supersede Paragraph 4 of these Terms.

4.3. You acknowledge and agree that AppStoreResearch is not part of any Non-Disclosure Agreements between you and Researchers, bears no responsibility over the content of such Non-Disclosure Agreements and only facilitates the connection between Participants and Researchers by providing the platform. As a Participant in AppStoreResearch you acknowledge and agree that it is your sole responsibility to review the conditions of Non-Disclosure Agreements and make any decisions with regard to them.

4.4. You acknowledge that any actual or threatened breach of this Paragraph 4 may cause irreparable harm to AppStoreResearch and/or a Researcher, the extent of which may be difficult to ascertain. Accordingly, you agree that, in addition to all other remedies available at law or in equity, AppStoreResearch and/or such Researcher will be entitled to seek an immediate injunction against any breach or threatened breach of this Paragraph 4 without the posting of any bond and without proof of actual damages.

5.  Participants’ Incentives

5.1. Researchers offer Incentives (each an “Incentive”) to Participants to complete Research Interviews at their sole discretion, with a minimum amount of $85 USD per Incentive (subject to change) and no maximum. You acknowledge that AppStoreResearch has no independent obligation to provide any financial Incentives to you in connection with your participation in Research Interviews.

5.2. The distribution of Incentives to Participants will be facilitated through the Services upon a) the Researcher’s confirmation of a successful Research Interview completion by a Participant and b) withdrawal requests initiated by a Participant with a minimum withdrawal amount of $100 US (subject to change at the sole discretion of AppStoreResearch) and in the form enabled by the Services (PayPal, Stripe). 

5.3. AppStoreResearch, by acting as an escrow party, bears expenses connected with payment processing and infrastructure maintenance. You acknowledge and agree that AppStoreResearch will share some of the expenses with you as a Participant on the platform in the form of an Admin Fee (“Admin Fee”), which can be lowered through achieving a new Level (“Level”) in a tiered fee structure that is based on the following:

• Active participation in Researcher’s Projects;

• Submitting Product Reviews (“Product Reviews”) - a Participant’s review of an application, product or service which is used by the Participant in their professional activity on a regular basis;

• Participant Referrals (“Participant Referrals”) - active engagement of other Participants to creating accounts with the platform;

5.4. You acknowledge and agree that:

• At the stage of the Beta Release of the Site (as defined in Paragraph 8 herein), and while the tiered fee structure has not come into effect, AppStoreResearch may, at its sole discretion, take a percentage of a distributed Incentive as a processing fee, in an amount not to exceed 10% of the Incentive or US$8.50, whichever is higher.

• Upon commencement of the commercial release of the Site and effective the Public Launch Date (as defined in Paragraph 8.1 herein), a tiered fee structure will come into effect:
  
  

• Level 1 Participant: 10% Admin Fee: up to 25 projects; at least 5 product reviews + email verified;

• Level 2 Participant: 8% admin fee: 26 to 50 projects completed; at least 8 product reviews; 3 Participant referrals

• Level 3 Pariticipant: 6% admin fee: 50+ projects completed; at least 10 product reviews; 5 participant referrals

5.4. Incentives are provided through the Services to Participants solely as a convenience, and AppStoreResearch is not liable to you for your failure to receive an Incentive, or failure to deliver an Incentive due to incorrect information provided by you.

5.5. You acknowledge and agree that you may forfeit some or all of any Incentives offered in connection with a Research Interview if (i) you violate these Terms (as determined by AppStoreResearch in its sole discretion), including without limitation Paragraph 3, (ii) you do not satisfactorily complete the Research Interview (as determined by the Researcher in its sole discretion), or (iii) you delete your account prior to AppStoreResearch distributing the Incentive. 

5.6.‍ As a Participant at AppStoreResearch you expressly agree that you are solely responsible for understanding and evaluating any potential tax liability related to Incentives paid in connection with Research Interviews and for determining any potential income reporting pursuant to the requirements of local, state, federal, or other applicable law. AppStoreResearch is not responsible in any way for your failure to report taxable income or remit any taxes that may be due to any taxing authority.

6.  Cancellation Fees

6.1. If a Researcher cancels a scheduled Research Interview with a Participant less than an hour before the Interview, does not show up for the Interview, or does not contact the Participant to reschedule it within a reasonable period of time (minimum of 1 business day before the scheduled Research Interview) and then does not show up, AppStoreResearch may, but has no obligation to, charge the Researcher a cancellation fee in the form of one recruitment credit, based on the pricing plan that the Researcher is on and credit that fee to the applicable Participant.

6.2. If a Researcher undertakes the necessary efforts to reschedule the Research Interview within a reasonable period of time (minimum of 1 business day before the scheduled Research Interview), but the Participant does not agree or does not respond, the Researcher can cancel the Research Interview with the  Participant with no cancellation fee and under no further obligation to the Participant.

6.3. It is the Participant's obligation to inform the Researcher about a Research Interview cancellation or request the Researcher to reschedule the Interview no less than one hour before the scheduled event and whenever possible, within a reasonable period of time (1 business day). Failure to follow Clause 6.3. by the Participant, may lead to the permanent removal of the Participant's account from the AppStoreResearch platform.

6.4. In the event that a scheduled Interview is canceled more than 1 business day before the event, the Researcher is not subject to any cancellation fee and does not bear any obligation to the Participant. If the cancellation happens less than 1 business day before the Interview but is based on the mutual agreement of the parties, no cancellation fee is applied.

7.  General Use Restrictions

7.1. AppStoreResearch provides content and its Services through the Site. Certain information, documents, products, and services provided on and through this Site, including content, logos, graphics, and images (collectively the "Site Materials") that are not Submissions (as defined below in Paragraph 11), are provided to you by AppStoreResearch and are the copyrighted and/or trademarked works of AppStoreResearch or its contributors.

7.2. AppStoreResearch grants you a limited, personal, non-exclusive, non-transferable, and non-assignable license to use, display, and make one copy of the Site Materials and to use the services and this Site. Except for the license set forth in Paragraph 7.1 above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site Materials in any manner.

7.3.This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Site Materials. Except as stated herein, you acknowledge that you have no right, title, or interest in or to this Site or any Site Materials.

8.  Beta Users

8.1. If you register with us under a "Beta Account" or other pre-release version of the Site, the Services and Site Materials ("Beta Release"), you ("Beta User") acknowledge and agree that the Beta Release may contain, in the sole discretion of AppStoreResearch, more or fewer features or different licensing terms than a subsequent final release version of the Site and/or the Services. You further acknowledge and agree that any "Beta Account" will automatically convert to a final release version account upon the launch date of the Site and the Services to the public ("Public Launch Date").

8.2.If you are a Beta User and you do not wish to continue using the Site and/or the Services after the Public Launch Date, you may contact AppStoreResearch to delete your account in accordance with the terms and conditions governing the deletion of personal information set forth in AppStoreResearch's Privacy Policy. While AppStoreResearch generally intends to distribute a final release version of the Site, the Services and the Site Materials, AppStoreResearch reserves the right not to release later final release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release may contain errors affecting its proper operation. You further acknowledge and agree that use of a Beta Release may exhibit sporadic disruptions that have the potential to disrupt your use of the Site and the Services. AppStoreResearch specifically disclaims all liability for damages resulting from or in connection with your use of any Beta Release.

9.  Electronic Communications

By using the Site and/or our Services, you consent to receiving electronic communications from AppStoreResearch. These electronic communications may include notices about Research Projects initiated by Researchers, applicable conditions and Incentives, transactional information, and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with AppStoreResearch. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

10. Third Party Sites

This Site may contain links to third party sites or pages that will allow you to interact with and/or conduct transactions with such third-party sites. As a Participant at AppStoreResearch, you acknowledge that you may be required to visit third-party sites as part of your Research Interview. If you decide to access any of these third-party sites, you agree and acknowledge that you do so at your own risk. AppStoreResearch does not verify, make any representations, or assume any responsibility for such third-party sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such third-party sites. These Terms shall not cover your interaction with or usage of any third-party sites.

11. Submissions

11.1. You acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, software, and other content or material that you, either through yourself or a third party associated with your account, submit, upload, post, or otherwise make available on or through your use of our Site and Services (each a "Submission"), including, but not limited to, during your participation in a Research Interview. You acknowledge that you, and not AppStoreResearch, have full responsibility for each such Submission, including its legality, reliability, appropriateness, and trademark and copyright ownership (and the burden of determining whether any material is protected by any such right or is otherwise illegal or inappropriate is on you).

11.2. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission made available on or through our Site. You expressly acknowledge that you are fully responsible for any Submission that you make or cause to be made available on or through your use of our Site and Services.

12.   No Unlawful or Prohibited Use

12.1. As a condition to your use of the Site and/or your engagement with our Services, you agree not to, without limitation:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as   rights of privacy and publicity) of others;

• Use racially, ethnically, or otherwise offensive language;

• Discuss or incite to illegal activity;

• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

• Post anything that exploits children or minors or that depicts cruelty to animals;

• Post any copyrighted or trademarked materials without the express permission from the owner;

• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail','spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

• Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services or access the Site;

• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

• Alter the opinions or comments posted by others on this Site; and

• Take any action that may otherwise harm, damage, disrupt, or overburden the Site, interfere with any other User's use of the Site, and/or violate these Terms.

The list of prohibitions above is only an example and is not meant to be complete or exhaustive.

12.2. You agree not to submit any of the following categories of information to or through the Services, even if requested by a Researcher:

• Financial account information (e.g., bank account number, information subject to the Payment Card Industry Data Security Standard (PCI DSS));

• Government-issued identification number (e.g., Social Security number, driver’s license number, passport number);

• Online login credentials (e.g., authentication/authorization credentials, password, security question and answer);

• Biometric identifiers (e.g., genetic data, fingerprints, facial modeling data); or

• Health and genetic information is subject to enhanced protection under applicable law (e.g., Protected Health Information as defined in the Health Insurance Portability and Accountability Act (HIPAA)).

If you submit any of the foregoing categories of information to the Services, it will be considered unauthorized use of the Services, and AppStoreResearch will have no responsibility or liability in connection therewith.

12.3. You shall not, nor shall you authorize or facilitate any attempt by another person to:

• Use the Services in any manner or for any purpose other than as expressly provided in these Terms;

• Use the Services in an unlawful or fraudulent manner or for any unlawful or fraudulent purpose;

• Have an account or use any of the Services if AppStoreResearch has previously removed your account and banned you from accessing any of the Services;

• Accept incentive payment outside of the Services from Researchers after completing a Research Incentive for a Research Project found through the Services;

• Use another person’s AppStoreResearch account, misrepresent yourself, your identity, qualifications, characteristics, or other information;

• Circumvent, remove or otherwise interfere with any security-related features of the Services;

• Reproduce, modify, distribute, create any derivative works from, reverse-engineer, or attempt to gain unauthorized access to or attempt to discover the underlying source code or structure of the Services;

• Resell, assign, sub-license, disclose, distribute, or otherwise transfer or make available the Services in any form, in whole or in part, to any third party;

• Remove or alter any copyright notices within the Services;

• Maintain or use any false identity, or otherwise fail to apply to a Research Project and/or participate in a Research Interview using your real identity and accurate contact, demographic and other information;

• Submit any personal information or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid;

• Post, upload, transmit or otherwise disseminate through the Services information that violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;

• Harass, threaten, stalk, intentionally embarrass, invade the privacy of, or cause distress to any person, including without limitation, posting personally identifying or otherwise private information about a person without their consent;

• Collect, harvest, or publish any personally identifiable information, including, but not limited to, name or other account information, from other users of the Services without their express permission;

• Use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;

• Engage in unsolicited advertising, marketing, or promotion of products or services;

• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or

• Attempt to indirectly undertake any of the foregoing.  ‍

12.4. AppStoreResearch reserves the right to suspend or terminate your account, its Services, and your use of the Site if your account is used to engage in any unlawful and prohibited activity listed under Paragraphs 12.1, 12.2, and 12.3 above, or for any conduct that AppStoreResearch determines to be inappropriate or disruptive to this Site or its Services, with or without notice to you.

12.5. AppStoreResearch may report to law enforcement authorities any actions that may be illegal, or if it receives reports of such conduct. When legally required or at AppStoreResearch' discretion, AppStoreResearch will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

13.   Intellectual Property Rights

13.1.  Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole intellectual property of AppStoreResearch. All rights under applicable laws are hereby expressly reserved. Except with the express permission of AppStoreResearch, any distribution, modification, retransmission, or publication of any copyrighted material belonging to AppStoreResearch is strictly prohibited.

13.2.Nothing in this Agreement shall be construed as granting Participants any rights in or to the Services, other than the right to use the Services as expressly stated in these Terms. Unless otherwise noted, all AppStoreResearch content within the Services is the property of us and/or our affiliates or licensors and is protected from unauthorized copying and dissemination by Hong Kong copyright law, international conventions, and other intellectual property laws.

14.   License Grant

14.1. Subject to these Terms and any other agreement between you and us, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services solely in the manner enabled by us. Your license to use our Services is automatically revoked if you violate these Terms, you do not agree to the then-current version of these Terms, or we terminate these Terms or your account. From time to time, we may upgrade our Services or make improvements to them. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we retain all rights, titles, and interests in our Services. We reserve all rights not expressly granted under these Terms.

14.2.AppStoreResearch may, at any time and in our sole discretion, temporarily or permanently (i) alter, suspend, discontinue, terminate, or subcontract our Services in whole or in part, at any time and for any reason, without notice, or (ii) add or remove features, including, without limitation, making free services into paid services and vice versa. You understand and agree that AppStoreResearch may monitor all use of the Services for security, operational, improvement, and performance purposes.

15.   No Relationship

Nothing in these Terms creates a relationship of agent and principal, partners, joint venturers, or employer–employee between you and AppStoreResearch, or between you and any Participant, and no act or obligation of either party will in any way bind the other.

16.   Disclaimer of Warranties

16.1. Neither the Site Materials nor Submissions, nor any Research Project information, have been verified or authenticated in whole or in part by AppStoreResearch, and they may include inaccuracies, typographical errors, or other errors. AppStoreResearch does not warrant the accuracy or timeliness of the Site Materials or Submissions. AppStoreResearch has no liability for any errors or omissions in the Site Materials and/or Submissions, whether provided by AppStoreResearch, our licensors, or any party to our Services (Participants or Researchers).

16.2.  AppStoreResearch does not assume any responsibility for the accuracy or reliability of any information that Participants or Researchers submit to the Services. AppStoreResearch does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Research Project or Research Interview, or any communication between Participants and Researchers. Participants and Researchers are independent third parties over whom AppStoreResearch has no control and for whom AppStoreResearch takes no responsibility. It is your responsibility to take all necessary precautions in your interactions in connection with your use of the Services.

16.3. AppStoreResearch, for itself and its subsidiaries, affiliates, licensors, agents, representatives, third-party service providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors, and assignees, makes no express, implied, or statutory representations, warranties, or guarantees in connection with this Site and the Services, relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented on this Site and through the Services, including without limitation the Site Materials or Submissions on this Site. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Site, the Services, Site Materials, Submissions, and any information or material contained or presented on this site are provided to you on an "as is," "as available," and "where-is" basis with no implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. AppStoreResearch does not provide any warranties against viruses, spyware, or malware that may be installed on your computer.

17.   Limitation of Liability

17.1. You agree and acknowledge that your use of this Site and/or our Services is at your own risk. To the extent permitted by law, AppStoreResearch, its subsidiaries, affiliates, licensors, agents, representatives, third-party service providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors, and assignees will not be liable to you for damages, direct or indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic advantage) arising out of or in connection with your use of this Site and/or our Services.

17.2.  Notwithstanding the foregoing, if AppStoreResearch, its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assignees are found to be liable to you or any other party for any damage or loss arising out of or in connection with these Terms, your use of the Site, and/or our Services, to the extent permitted by law, the total cumulative liability of AppStoreResearch, its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assignees shall in no event exceed the greater of: (a) an amount equal to the fees paid by you to AppStoreResearch for your our Services; or (b) the sum of US$100 (one hundred United States dollars).

18.   Indemnity

You agree to indemnify, defend, and hold harmless AppStoreResearch, its affiliates and service providers, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers from and against any and all claims or liabilities, including costs and legal fees, arising from or in connection with your violation of these Terms, your use of the Site and/or your engagement with our Services.

19.   Compliance with Local Laws

AppStoreResearch makes no representation that the Site and its contents are appropriate or available for use in any jurisdiction. You agree that you shall obey all federal, state, and local laws, regulations, and rules that apply when you use the Site and/or our Services.

20.   Access and Availability of Site

We do not guarantee uninterrupted, continued, or secure access to the Site. Part of the Site may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, Internet access downtime, and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the Site is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the Site for any reason whatsoever. We reserve the right to take any part or all of the Site offline for various reasons, including but not limited to system maintenance or upgrading.

21.  Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to AppStoreResearch, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, and the Services offered through the Site or Site Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is and will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and AppStoreResearch is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that AppStoreResearch is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. 

22.   Termination

22.1. This Agreement will remain in effect through your use of the Services, either by having an active subscription, engaging in one-off Research Projects or having an account with the Services while using or not using the services. The Agreement will automatically renew under the then-current terms for successive one-year periods from the date of account registration unless either party provides written notice of non-renewal at least 30 days prior to the expected Termination date.

 22.2. If you breach these Terms, AppStoreResearch may terminate and/or suspend your access to the Site without notice. AppStoreResearch prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by AppStoreResearch, may result in the immediate termination of your access to this Site and the Services available through it.

22.3.  Notwithstanding Clause 22.2 above, AppStoreResearch may opt to give you notice of your inappropriate behavior instead and to recommend the necessary corrective action. For the avoidance of doubt, this is at AppStoreResearch' sole discretion, and AppStoreResearch is not required to give you prior notice of any termination of your account, your access to the Site, or the Services.

22.4.  Following termination of this Agreement, AppStoreResearch will retain Researcher Data for 30 days from such date of termination (“Data Retention Period”), beyond which AppStoreResearch will have no obligation to retain Researcher Data. Thereafter, unless prohibited by law or this Agreement, AppStoreResearch reserves the right to destroy all Researcher Data in AppStoreResearch’ possession. Researcher agrees that Researcher is solely responsible for exporting Researcher Data prior to the end of the Data Retention Period and, if requested, AppStoreResearch will provide reasonable assistance with exporting Reseearcher’s Data during the Data Retention Period.

22.5.  The intellectual property, disclaimer of warranties, limitation of liability, indemnities, governing law, and dispute resolution clauses shall survive any termination of these Terms.

23.   Severance

If any provision or part-provision of these Terms becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

24.   Data Privacy and Protection

AppStoreResearch endeavors to protect the security and privacy of Users' personal data. For more information, please refer to our Privacy Policy here.

25. Miscellaneous

25.1. AppStoreResearch may use Researcher’s name and logo to identify Researcher as a client of AppStoreResearch on AppStoreResearch’ website and other marketing materials, provided that AppStoreResearch will comply with any brand guidelines provided by Researcher and will cease such use promptly upon Researcher’s request.

25.2. This Agreement is not assignable, transferable or sublicensable by either party except with the other party’s prior written consent. Either party may assign this Agreement without the consent of the other party in connection with the sale, merger, or other corporate combination involving all or substantially all of the assigning party’s assets to a third party. This Agreement will be fully binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. 

25.3. Neither party is liable for any delay or failure to perform any obligation under this Agreement due to events beyond its reasonable control, such as a strike, blockade, war, pandemic, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster (each a “Force Majeure Event”). Upon prompt written notice to the other party of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.

26.   Modification

AppStoreResearch reserves the right, at its sole discretion, to modify these Terms & Conditions at any time and without prior notice. If we modify these Terms & Conditions, we will post the modified version on the Site. We will also update the “Last Updated Date” at the top of these Terms & Conditions. Modifications to these Terms & Conditions shall automatically be effective upon posting. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms & Conditions. If the modified Terms & Conditions are not acceptable to you, your only recourse is to cease using the Site and Services.

27.   Waiver

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such a right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

28.   Entire Agreement

These Terms constitute the entire Terms herein and supersede all prior or contemporaneous oral or written agreements.

29.   Governing Law and Dispute Resolution

29.1.  These Terms and any dispute or claim arising out of or in connection with their subject matter and/or formation shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

29.2. Any dispute or claim arising out of, or in connection with, these Terms, or its subject matter and/or its formation, including but not limited to, disputes about the validity, scope, or enforceability of these Terms to arbitration ("Disputes") shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the Hong Kong International Arbitration Center (HKIAC). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hong Kong, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Hong Kong necessary to protect the rights or property of you or AppStoreResearch pending the completion of arbitration.

29.3.  Notwithstanding Clause 28.2 above, you or AppStoreResearch may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies to be initiated at the Small Claims Tribunal, or (ii) you opt-out of these arbitration procedures within thirty (30) days from the date that you first consent to this agreement ("Opt-Out Deadline"). Your written notification must include (i) your name, (ii) your address, and (iii) a clear statement that you do not wish to resolve disputes with AppStoreResearch through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Dispute in arbitration (or Small Claims Tribunal as designated above).

29.4. For all Disputes, whether pursued in court or arbitration, you must first give AppStoreResearch an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Swift Commerce Limited, 2A, 17/F, Glenealy Tower, No. 1 Glenealy, Central, HKG. That written notification must include (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If AppStoreResearch does not resolve the Dispute within forty-five (45) days after it receives your written notification, you may pursue your Dispute in accordance with Clause 28.

29.5.  Where permitted by law, you and AppStoreResearch agree that any cause of action arising out of or in connection with your use of the Site, and the services available through the Site, or any Site Materials must be commenced within three (3) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

29.6. For the purpose of this Provision, "AppStoreResearch" means AppStoreResearch and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.

30.   Contact Us

If you have any questions about these Terms or otherwise need to contact AppStoreResearch for any reason, you can reach us at hello@appstoreresearch.com.