Researcher 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 Researcher account at AppStoreResearch. Please visit Participant terms and conditions at https://www.appstoreresearch.com/terms-conditions-participant for the terms that apply to Participants.

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 Researchers

1.1. Researchers may use the Services to post opportunities (“Research Projects”) to participate in user research and to source individuals (“Participants”) to apply to Research Projects. 

1.2. AppStoreResearch undertakes the responsibility of vetting Participants at the stage of their account registration to provide Researchers with a pool of quality candidates for their Research Project. AppStoreResearch, however, does not guarantee fulfillment of any Research Project posted to the Services, for reasons including, but not limited to, the incompatibility of Participants’ profiles with the Researchers requirements for the completion of any Research Project.

1.3. AppStoreResearch facilitates the collection of Researcher’s Fees (“Researcher Fee”, as defined in Paragraph 5 herein), which consist of Participant Incentive - the financial reward offered to Participants for partaking in Research Interviews, and Recruitment Credit - the AppStoreResearch’ service fee on every connection made between a Researcher and Participants.  AppStoreResearch also facilitates the further distribution of Participant Incentives to Participants upon successful completion of Research Interviews.

1.4. AppStoreResearch reserves the right to reject or remove any Research Project from the Services at any time if, in AppStoreResearch’ reasonable belief, such Project (i) violates the terms of the Agreement, (ii) risks harm or would be manifestly unfair to AppStoreResearch or Participants, or (iii) cannot be fulfilled based on its criteria. In all of the foregoing circumstances, AppStoreResearch will work in good faith with Researcher to determine a resolution.

2.   Researcher Account Registration and Project Submission

2.1. Users who are willing to become Researchers at AppStoreResearch can sign up for an account by using their email address. The account will be created instantaneously. 

2.2. The Services may be accessed only by a Researcher or employees or representatives of the Researcher who are authorized to use the Services by way of designated login credentials (“Authorized Users”). Researcher is solely responsible for: (i) issuing and managing Authorized Users’ login credentials; (ii) verifying the identity of and validating the use of login credentials by each Authorized User; (iii) ensuring that its access to the Services is limited to Authorized Users; and (iv) ensuring that its Authorized Users comply with this Agreement. 

2.3. Upon submitting a Research Project in the account dashboard, a Researcher will be asked to provide details of the Project by filling out a questionnaire that collects information about the type of Project, objectives of the research, requirements for Participants, a link for scheduling Research interviews as well as the required number of Participants and Incentive amount offered for Research Interviews. A Researcher will also be offered to provide screening questions, which will serve as an additional tool to identify ideal Participants.

2.4. When the project is submitted, qualified candidates will receive a notification about the Research Project and will be offered to apply for it as Participants. At this point, the Researcher can choose most suitable Participants and approve them for the Research project. After that, Participants will receive the applicable call-schedule link to choose a convenient time slot for the Research Interview.

3.  Researcher Information

3.1. ‍In order to provide Services to Researcher, AppStoreResearch will be required to request certain information, including, without limitation, personal information such as contact information and demographic information, as well as some business information and information about the product or service that the Researcher is seeking to research. Researcher acknowledges and agrees that Researcher will be required to provide such information and data to the Services to enable their operation, that the Services are designed to act on directions given to them by Researcher, and that Researcher is solely responsible for such directions and the results thereof. By using our Services, you acknowledge that this collection 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. Researcher owns and retains all right, title, and interest in and to the data, documents, content, and other materials input by Researcher into the Services. Researcher hereby grants to AppStoreResearch a limited, royalty-free, non-exclusive right and license to access, store, reproduce, display, handle, perform, transmit, test, modify, process, combine with other data, and otherwise use Researcher Data as necessary for performance of AppStoreResearch’ obligations and exercise of AppStoreResearch’ rights under this Agreement or as may be required by applicable law. Researcher is solely responsible for the accuracy, completeness, validity, authorization for use (including transmission), and integrity of all Researcher Data, regardless of form or format.

3.3. You acknowledge and agree that when you initiate a Research Project (“Research Project”), AppStoreResearch will share the information about the Project with the pool of Participants. You acknowledge that during a Research Interview, Participants may require additional information from you, including, without limitation, your personal and business information. You acknowledge and agree that the collection, use, and disclosure of information you provide to any Participant in connection with a Research Interview, as well as any disputes related thereto, are not subject to AppStoreResearch’ privacy policy are not controlled by AppStoreResearch.

3.4. You represent and warrant that (i) all information you provide to AppStoreResearch and/or any Participant 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 and business information to AppStoreResearch and/or any Participant through a Research Project is voluntary and entirely at your own risk. 

3.5. Although AppStoreResearch reserves the right to review or remove any Researcher Data or other information that appears in the Services, AppStoreResearch does not assume any responsibility for the accuracy or reliability of Researcher Data, Participant Data, or any information exchanged between Researcher and any Participant. AppStoreResearch does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Project, or any communication between Researcher and any Participant. Participants are independent third parties over whom AppStoreResearch has no control and for whom AppStoreResearch takes no responsibility.

4.  Confidential Information

4.1. ‍Pursuant to this Agreement, each party (“Receiving Party”) may, from time to time, learn, receive, hold, or have access to (in written, oral or electronic form) Confidential Information from the other party (“Disclosing Party”). “Confidential Information” means any information, technical data, or know-how, whether or not a statutory “trade secret” of the Disclosing Party, including, but not limited to, that which relates to research, product plans, Intellectual Property, products, services, customers, employees, documents, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, or finances of the Disclosing Party. Confidential Information shall include, without limitation, the terms and conditions of this Agreement and all Resercher Data. Notwithstanding the foregoing, Confidential Information shall not include any information which: (i) is already known by means not subject to a confidentiality obligation of the Receiving Party at the time disclosed by the Disclosing Party; (ii) is or becomes available through public sources apart from any unauthorized disclosure by the Receiving Party; (iii) is obtained by the Receiving Party from a third party who has the right to disclose the same, or (iv) is independently derived by Receiving Party without recourse to any of the Disclosing Party’s Confidential Information.

4.2. Researcher is responsible for obtaining and securing from each Participant (i) any Non-Disclosure or similar agreements that Researcher may require for its Projects and (ii) any informed consent that may be required for participating in or sharing information in connection with its Projects. Without limiting the foregoing, Researcher agrees to obtain any legally required consent from Participants to the extent Researcher uses the Services to collect, or submits to the Services, any information defined as “sensitive” under applicable law or that otherwise requires enhanced consent under applicable law.

4.3. Researcher acknowledges and agrees that AppStoreResearch is not part of any Non-Disclosure Agreements between Researcher and Participants, bears no responsibility over the content of such Non-Disclosure Agreements, has no control over Participants’ consent to enter into such agreements, and only facilitates the connection between Participants and Researchers by providing the platform. As a Researcher at AppStoreResearch you acknowledge and agree that you are solely responsible for the content and distribution Non-Disclosure Agreements and make any decisions with regard to them and indemnify and hold AppStoreResearch harmless against any liability in connection with violation or breach of such agreements by Participants.

5.  Researchers’ Fees

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. Researchers are also charged a Recruitment Credit fee by AppStoreResearch for every connection made with a Participant. Altogether, the fees constitute Researchers’ Fees (“Researcher’s Fees”) and can be paid in the following ways:

• Pay as you go: a payment per a Recruitment credit that gets processed after a completed Research Interview with a participant.
  
  

• PRO subscription: a quarterly prepayment of the Recruitment fee equal to 15 Recruitment credits. Participants’ incentives are paid separately upon completion of Research Interviews.
  
  

• PLUS subscription: a quarterly prepayment of the Recruitment fee equal to 36 Recruitment credits. Participants’ incentives are paid separately upon completion of Research Interviews.

For subscription plans, unused Recruitment Credits roll over to the next billing period. As a Researcher at AppStoreResearch you expressly agree that prepaid credits, both as part of a current subscription or rolled over from a previous subscription period, are not refundable if not used up by the subscription cancellation date. You also agree that in case of failure of a timely subscription cancellation and when you, as a Researcher at AppStoreResearch, have accumulated but not used a number of Recruitment Credits, such prepaid Recruitment credits are not subject to a refund.

5.2. AppStoreResearch reserves the right to change the pricing model and Researchers’ Fees or any other applicable charges connected with the Services provided on the platform and to institute a new pricing model and charges. AppStoreResearch will preserve any ongoing subscriptions and apply changes only to new subscriptions that become effective at the date of such change. Researchers with active subscriptions will be notified by AppStoreResearch about any changes with a prior notice sent to their email, but the changes will not apply to their current subscriptions. Notwithstanding the foregoing, if Researcher’s use of the Services exceeds the limitations specified in an applicable pricing model or otherwise requires the payment of additional fees, AppStoreResearch will bill Researcher for such usage, and Researcher will pay the additional fees in the manner provided herein.

5.3. Researchers must provide an incentive payment to Participants for completing Research Interview as part of a Project. Researcher is solely liable for Incentive payments offered to Participants, including for Researcher’s mistakes arising for any reason. AppStoreResearch will distribute Incentive payments to Participants on Researcher’s behalf (to the extent Participants reside in a country in which AppStoreResearch supports such incentive payments). Researcher agrees that: (i) upon the Participant’s completion of their part in a Project, Researcher will promptly (and in any event within 10 business days) confirm such Participant’s completion within the Services; (ii) AppStoreResearch will compensate the Participant in the amount of the Incentive payment with a subtraction of the Admin Fee (as stated in the Participants Terms and Conditions) in the form enabled by the Services (e.g., Stripe); and (iii) Researcher will pay to AppStoreResearch, in accordance with Paragraph 5.1., the amount of the Incentive payment and the Recruitment Fee, together the Researcher’s Fee. If the  Researcher has not confirmed a Participant’s completion of the Research Interview within 10 business days, the Incentive payment may, in AppStoreResearch’ sole discretion, be distributed to such Participant by AppStoreResearch and billed to Researcher.

5.4. AppStoreResearch may use a third-party payment service provider (e.g., Stripe, PayPal) to bill Researcher through an online account, in which case the processing of payments will be subject to the terms and privacy policies of such third-party payment service provider in addition to this Agreement. By submitting payment account information, Researcher acknowledges and agrees that AppStoreResearch does not control and has no liability for the security, functionality, operation, or availability of such a third-party payment service provider.

5.6. ‍Except for taxes imposed on AppStoreResearch’ net income, Researcher is responsible for paying any taxes, levies, duties, fees or other amounts assessed or imposed by any government authority, including value-added, sales, use or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively, “Taxes”). AppStoreResearch is not responsible in any way for your failure to report any taxes that may be due to any taxing authority.

6.  Cancellations and Refunds

6.1. Researcher agrees that in cases where a scheduled Research Interview must be cancelled or rescheduled, it is the Researcher's obligation to inform the Participant about such a cancellation or adjustment no less than 1 hour before the event and within a reasonable period of time (1 business day).

6.2. Equally, 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 1hour before the event and within a reasonable period of time (1 business day). Failure to follow Clause 6.2. by the Participant may lead to the permanent removal of the Participant's account from the AppStoreResearch platform.

6.3. If the Researcher cancels a Research Interview less than an hour before the event, or does not show up for a Research Interview with a Participant, AppStoreResearch reserves the right, at its sole discretion, to charge Researcher a cancellation fee equal to the Incentive payment amount offered for the relevant Research Interview and the Recruitment Credit charged by AppStoreResearch for recruiting the Participant.

6.4. If the Researcher undertakes all reasonable efforts to cancel or reschedule a Research Interview with a Participant within a reasonable period of time (1 business day but no less than 1 hour before the event), but the Participant does not agree to it or does not reply in time, the Researcher can cancel the Research Interview with the Participant with no cancellation fee applied and under no further obligation to the Participant.

6.5. If the Interview is cancelled by a Researcher more than an hour but less than 1 business day before the event, but the Researcher made no attempt to contact Participant to reschedule the Interview, AppStoreResearch reserves the right, at its sole discretion, to charge the Researcher a cancellation fee equal to the Incentive payment amount offered for the relevant Research Interview , which AppStoreResearch will distribute to the Participant.

6.6. 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.

6.7. Researcher acknowledges and agrees that i) in cases where a Research Interview is cancelled by a Researcher for any reason, ii) in cases where a Participant does not show up for the scheduled Research Interview, iii) in cases where a Participant’s service is not up to the Researcher’s satisfaction and the Researcher won’t consider the Interview as successfully completed, no prepaid credits are subject to refund by AppStoreResearch. However, with regards to Clause 6.7 (iii) AppStoreResearch will compensate the  Researcher in the form of substituting a failed Participant with another one within the same Recruitment Credit slot.

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 8.2 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.

7.4. As between AppStoreResearch and Researcher, AppStoreResearch owns and retains all right, title and interest in and to Participant Data. AppStoreResearch hereby grants to Researcher the right to use Participant Data solely as enabled by the Services for Researcher’s Projects. Without limiting the foregoing, Researcher shall not (i) add any Participant Data to any Researcher contact list or contact database, (ii) sell or provide any Participant Data to any third party, or (iii) publicly disseminate or otherwise put into the public domain any Participant Data

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 version 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 Participants matching the conditions of your Research Project, applicable fees and charges, 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 Researcher at AppStoreResearch, you acknowledge that you may be required to visit third-party sites as part of your Research Project. 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 Resarch Project. 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 use the Service to collect the following categories of information about Participants:

• 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 attempt to collect any of the foregoing categories of information through 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;

• Offer incentive payment outside of the Services to Participants after completing a Research Project with the help of the Participants 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 initiate and engage Participants in 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;

Engage in unsolicited advertising, marketing, sales or promotion of products or services, including but not limited to publishing Projects that primarily require the Participant to perform actions not associated with user research (e.g., writing a product review, providing a public rating for a product, solely downloading a product, or participating in a sales meeting)

• 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.  You agree that you will not (i) re-contact any Participant who previously applied to a Research Project unless all communication is handled through the Services, or (ii) take any action that encourages or solicits any Participant to participate in Research Projects without use of the Services.

12.5. You agree to not request an unreasonably excessive number of Participants, as compared to the number of Participants you intend to recruit and pay, in a Project. AppStoreResearch reserves the right to monitor and use patterns of usage to detect excessive use or recruitment abuse, and to apply limits, additional fees, or with appropriate notice, suspend a Researcher at its sole discretion. 

12.6. 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, 12.4 and 12.5 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.

12.7. 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 Researchers 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.