Terms of Use

TERMS OF USE

Last updated August 23, 2022

1. WHO WE ARE AND HOW TO CONTACT US

UserQ is a website (the “Website”) owned and operated by Digital of Things DMCC (“we”, “us” and “our”). The Website and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Website are collectively the “Platforms”.

We are registered in the United Arab Emirates and have our registered office at 1504 Indigo Icon Tower, Cluster F, Jumeirah Lakes Towers, Dubai.

To contact us, email us or call us at +971 (0)4 770 7569.

2. YOU ACCEPT THESE TERMS BY USING THE PLATFORMS

These Terms of Use (the “Terms“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and us, concerning your access to and use of the Platforms. By using the Platforms, confirm that you accept these Terms and that you agree to comply with them. If you do not accept and agree to comply with these Terms, then you must not use the Platforms.

Supplemental terms and conditions or documents that may be posted on the Platforms from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms. Please ensure that you check the applicable Terms every time you use our Platforms so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platforms after the date such revised Terms are posted.

The information provided on the Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platforms from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Platforms.

You are responsible for ensuring that all persons who use the Platforms through your network are aware of these Terms and other applicable terms and conditions, and that they comply with them.

By creating an Account and/or accessing and/or using the Services, you:

  1. warrant to us that you have reviewed these Terms including our Privacy Policy, available on the Site, and you understand them;
  2. warrant to us that you have reviewed the DPS, if applicable (available on the Site), if the processing of any Company Personal Data is governed by the GDPR;
  3. warrant to us that you are over 18 years of age and have the legal capacity to enter into a legally binding agreement;
  4. warrant to us that you have the authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to these Terms on behalf of any entity for whom you use the Services;
  5. warrant to us that you have all hardware, software and services which are necessary to access and use the Services; and
  6. agree to use the Services in accordance with these Terms.

3. THESE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms incorporate the following additional terms, which also apply to your use of the Website:

  • our Privacy Notice available here

4. HOW YOU MAY USE MATERIAL ON THE WEBSITE

Unless otherwise indicated, the Platforms are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platforms (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties around the world. No Marks are granted in connection with the materials contained on the Platforms.

We, together with our suppliers and licensors expressly reserve all intellectual property rights in all the Content and Marks. The Content and the Marks are provided on the Platforms “AS IS” for your information and personal use only. Except as expressly provided in these Terms , no part of the Platforms and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You may temporarily download copies of the Content on the Platforms for personal, non-commercial transitory viewing only and you may draw the attention of others within your organisation to content posted on the Platforms. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

If you print off, copy or download any part of the Platforms in breach of these Terms, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials in your possession whether in electronic or printed format.

5. YOUR RESPONSIBILITIES TO US

By using the Platforms, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platforms; (5) you will not access the Platforms through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platforms for any illegal or unauthorized purpose; and (7) your use of the Platforms will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platforms (or any portion thereof).

6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

You may be required to register with the Platforms. You agree to keep your password confidential and will be responsible for all use of your account and password. You must not disclose your password to any third party.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We also have the right to disable any user identification, code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification, code or password, you must notify us via email at contact@digitalofthings.com.

7. PAYMENT

  1. You must pay us the Fees for your Tests and any other amount payable to us under these Terms, without set off or delay, via credit card or any other payment method set out on the Site.
  2. You are responsible for reviewing the pricing features and limits associated with your Account, which are available on the Site.
  3. To create a Test using the Services, where you wish to obtain responses from our Testers, you must purchase a sufficient amount of credits on the Platform. The price of a Test in credits is set out on the Site. Any credits you purchase that you do not spend on creating a Survey will be retained on your Account as a balance available for future use.
  4. The number of credits required to perform a Test depends on the composition and duration of your Test.
  5. We may, in our sole discretion, cancel or nullify your credits if you attempt to access or obtain credits by manipulating the Platform, such as by creating multiple fake accounts and/or abusing any referral arrangements we have in place with users.
  6. The Fees are non-refundable. To the maximum extent permitted by law, there will be no refunds or credits for any unused credits (or part thereof).
  7. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
  8. Fees are subject to change upon 30 days’ written notice from us to you. Such notice may be provided at any time by posting the changes on our Site, via email or via a notification to your Account. If you do not agree to the Fee change, you may cancel your Account in accordance with clause 16(a).
  9. If any payment is not made in accordance with our payment terms, we may (at our absolute discretion):
    1. immediately cease providing the Services and recover as a debt due and immediately payable from you our additional costs of doing so;
    2. engage debt collection services and/or commence legal proceedings in relation to any unpaid amounts; and/or
    3. report you to independent credit data agencies.

7.1. MAKING PAYMENTS THROUGH THE PLATFORMS

We accept the following forms of payment:

– Visa
– Mastercard

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platforms. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Platforms. Value Added Tax (VAT ) will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US Dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platforms.

8. HOW TO DELETE YOUR ACCOUNT

You can delete your account at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect immediately.

9. HOW YOU MUST NOT ACT WHEN USING THE PLATFORMS

You may not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Platforms, including but not limited to:

  • Systematically retrieve data or other content from the Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Platforms, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platforms and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platforms.
  • Use any information obtained from the Platforms in order to harass, abuse, or harm another person.
  • Make improper use of our services or submit false reports of abuse or misconduct.
  • Use the Platforms in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Platforms.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platforms or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Platforms or the networks or services connected to the Platforms.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platforms to you.
  • Attempt to bypass any measures of the Platforms designed to prevent or restrict access to the Platforms, or any portion of the Platforms.
  • Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platforms.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Platforms.
  • Make any unauthorized use of the Platforms, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Platforms as part of any effort to compete with us or otherwise use the Platforms and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Platforms to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.
  • Commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals

10. YOUR CONTRIBUTIONS ON THE PLATFORMS

The Platforms do not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platforms, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions“). Contributions may be viewable by other users of the Platforms and through third-party websites. As such, any Contributions you transmit may be treated in accordance with our Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platforms, and other users of the Platforms to use your Contributions in any manner contemplated by the Platforms and these Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platforms and these Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) or against the customs or norms of the region in which the Platforms are referred to.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not consist of any prohibited content as set out in the Internet Guidelines of the Telecommunications and Digital Government Regulatory Authority available here or the guidelines of any other applicable regulatory authority, as may be introduced or amended from time to time.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Platforms in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Platforms.

By submitting suggestions or other feedback regarding the Platforms, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platforms. You are solely responsible for your Contributions to the Platforms and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. YOUR SUBMISSIONS TO US

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential. To the extent that any Submissions are proprietary in nature, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

12. HOW WE MANAGE THE PLATFORMS

We reserve the right, but not the obligation, to: (1) monitor the Platforms for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platforms or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platforms in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platforms.

13. PERSONAL DATA

You acknowledge and agree that:

  1. in collecting, holding and processing Company Personal Data through the Services, we are acting as the data processor for the purposes of the GDPR. Where the GDPR applies, you must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process Company Personal Data in accordance with these Terms and, if applicable, the DPS; and
  2. in collecting, holding and processing Tester data we are acting as the data controller for the purposes of the GDPR. Where the GDPR applies we warrant that we have obtained all the necessary consents from the relevant Testers who shall take part in the Reviewing Services to enable us to collect, use, hold and process the Tester’s personal data.

UserQ will comply with all GDPR and United Arab Emirates data protection laws to the extent such laws by their terms impose obligations directly upon UserQ in connection with its processing of personal data (as defined under the GDPR) under these Terms (and all related activities);

UserQ agrees that it shall:

  1. process personal data only for the purposes of these Terms (and any other processing separately consented to by the data subject (as defined under the GDPR) from time to time);
  2. promptly assist you in complying with any data subject rights request under the GDPR that you may receive from any data subject;
  3. promptly assist you in complying with any duties to cooperate with supervising authorities under the GDPR;
  4. implement appropriate security measures reasonably designated to avoid accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing of personal data;
  5. provide notice of the processing to the data subject in accordance with applicable laws;
  6. if UserQ processes the personal data for the purposes of direct marketing, UserQ shall ensure that effective procedures are in place to allow the data subject to “opt-out” from having their personal data used for such direct marketing purposes and the appropriate consent has been obtained from the relevant data subject to allow the personal data to be used for the purposes of direct marketing in compliance with all applicable laws; and
  7. provide adequate training to its relevant staff and ensure such staff will carry out the security measures and comply with the obligations of UserQ under these Terms.

14. HOW WE MANAGE YOUR PERSONAL INFORMATION

We care about data privacy and security. Please review our Privacy Notice. Please be advised the Platforms is hosted in the United Arab Emirates. If you access the Platforms from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Arab Emirates, then through your continued use of the Platforms, you are transferring your data to the United Arab Emirates. We will only process your personal information in accordance with our Privacy Policy.

15. INTELLECTUAL PROPERTY RIGHTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Platforms infringes upon any copyright you own or control, please immediately notify us by email (“Notification“) at support@userq.com. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platforms infringes your copyright, you should consider first contacting an attorney.

15.1 USERQ PROPERTY 

UserQ Property” means:

  • the Platform and Services;
  • any UserQ products or other UserQ offerings;
  • any pre-existing intellectual property and related rights of UserQ that are used in performance of UserQ’s obligations under an Order;
  • Analyses (as defined below under the heading “License to UserQ”); and
  • any modifications, derivative works or updated versions of the foregoing.

All rights, title and interest in UserQ Property shall remain the exclusive property of UserQ and/or its licensors. UserQ Property is the confidential and proprietary property of UserQ or third parties from whom UserQ has obtained the appropriate rights. No right or license is granted or implied under any of UserQ’s, or its licensors’, patents, copyrights, trademarks, trade names, service marks or other intellectual property rights beyond the rights and restrictions set forth in the Agreement. Further, subject to the limitations in Section 15.3, UserQ hereby assigns all right, title and interest it holds in the copyright in and to the Tests to Customer.

You must not, without our prior written consent:

  1. copy or use, in whole or in part, any of our intellectual property;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
  3. breach any intellectual property rights connected with the Site or the Services, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website (except where we expressly agree to this); or creating derivative works from any of our intellectual property

This clause 15 will survive termination of your Account.

15.2       Customer Property

Customer Property” means: (a) all electronic data, information and material uploaded or inputted into the Platform by Customer; and (b) the Tests.

All rights, title and interest in Customer Property shall remain the exclusive property of Customer and/or its licensors. Customer Property is the confidential and proprietary property of Customer or third parties from whom Customer has obtained the appropriate rights. No right or license is granted or implied under any of Customer’s, or its licensors’, patents, copyrights, trademarks, trade names, service marks or other intellectual property rights beyond the rights and restrictions set forth in the Agreement.

15.3       License to UserTesting

15.3.1    Subject to Section 15.3.2, Customer hereby grants to UserQ a temporary, revocable, non-exclusive license to use Customer Property solely for the duration of the Agreement and solely for purposes needed to perform UserQ’s obligations in connection with the Agreement.

15.3.2   In addition to the license in Section 15.3.1, Customer hereby grants to UserQ a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license to:

  • use and incorporate into the Platform or products, any suggestion, enhancement request, recommendation, correction or other feedback provided by Customer relating to the Platform or Services;
  • use, copy and create derivative works of the Tests and Recordings for the benefit of the Customer and the activities contemplated by this Agreement; and
  • create analyses using data derived from use of the Platform and Services (“Analyses”);

provided that any derivative works and Analyses will not contain any Customer Confidential Information, and provided further that content covered by this subsection will not identify Customer or Customer Property and will only be used by UserQ in an anonymised, aggregated manner.

16. DURATION AND TERMINATION OF THESE TERMS AND YOUR USE OF THE PLATFORMS

These Terms shall remain in full force and effect while you use the Platforms. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Platforms (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation, for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Platforms or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS TO THE PLATFORMS

We reserve the right to change, modify, or remove the contents of the Platforms at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Platforms. We also reserve the right to modify or discontinue all or part of the Platforms without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platforms.

We cannot guarantee the Platforms will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platforms, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platforms at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platforms during any downtime or discontinuance of the Platforms. Nothing in these Terms will be construed to obligate us to maintain and support the Platforms or to supply any corrections, updates, or releases in connection therewith.

18. GOVERNING LAW AND JURISDICTIOIN

These Terms shall be governed by, interpreted and construed in accordance with the laws of the Dubai International Financial Centre, in the Emirate of Dubai, United Arab Emirates. You agree that any dispute or difference arising out of or in relation to these Terms will be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre, in the Emirate of Dubai, United Arab Emirates.

19. CORRECTIONS TO THE PLATFORMS

There may be information on the Platforms that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platforms at any time, without prior notice.

20. DISCLAIMER

The Content on the Platforms are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Platforms or otherwise relating to such materials or on any site linked to the Platforms.

Our responsibility for loss or damage suffered by you; in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss or corruption of data, or other damages arising from your use of the Platforms, even if foreseeable. Notwithstanding anything to the contrary contained in these Terms, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to use during the twelve (12) month period prior to any cause of action arising or [insert amount in AED]. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

21. INDEMNITY

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Platforms; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platforms with whom you connected via the Platforms. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA FOR THE PURPOSE OF MANAGING PERFORMANCE OF THE PLATFORMS

We will maintain certain data that you transmit to the Platforms for the purpose of managing the performance of the Platforms, as well as data relating to your use of the Platforms. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platforms. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. COMMUNICATIONS WITH YOU

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platforms, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us via the Platforms. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. GENERAL TERMS

These Terms and any policies or operating rules posted by us on the Platforms or in respect to the Platforms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Platforms. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

25. REGISTRATION AND ACCOUNT

You will be required to create an Account with us in order to access and use the Platforms. You must ensure that any personal information you give us when creating an Account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with these Terms, our Privacy Policy and, if applicable, the DPS.

When you create an Account, we will give you certain Account details (such as a username(s) and password(s)). You agree that we may alter or update these details at any time during the Term. It is your responsibility to keep your Account details confidential. You are liable for all content posted by you and all activity on your Account, including purchases made using your Account details and content posted by others who have logins or accounts associated with your Account, and you must immediately notify us of any unauthorised use of your Account.

Businesses and Testers may create Accounts on the Site. If you choose to create a survey or test using our Services (Survey), then you may choose to receive responses:

  1. from Testers; and/or
  2. from Company Sourced Testers.

At our sole discretion, we may refuse to allow any person to create an Account.

26. TEST RESPONSES

Response rates vary based on the number of responses ordered, targeted demographics, and site traffic. We cannot guarantee how long it will take to fulfil your order, though we do our best to provide a good estimate at the time the order for a Test is placed.

In progress tests (In progress) may be cancelled at any time prior to completion. If an In progress Test is cancelled any responses not yet fulfilled will be refunded back on to your wallet as credits.

We do our best to ensure that all Testers submit a valid response, but this is not possible in all cases. If you believe that you have received an invalid response from a Tester, you may report it to support@userq.com and the response will be deleted and we will credit your wallet. You must not delete:

    1. Tester responses in order to groom or manipulate results or Survey data; or
    2. valid Tester responses in order to receive other Tester responses free of charge.

We reserve the right to investigate any deletion or mass deletion of Tester responses and we may, in our discretion, decide that a Tester response should not be deleted.

All responses ordered from us, using our Testers, undergo a quality assurance process and a Tester may be banned from testing if her or his responses have not met quality standards in the past.

27. CONFIDENTIALITY

Definition: The term Confidential Information means all trade secrets, know-how, inventions materials, developments, software and other financial, business or technical information that are disclosed by or for a party in relation to these Terms (including all copies, abstracts, summaries, analyses and derivatives thereof) and that are marked or otherwise identified as proprietary or confidential at time of disclosure or that by their nature would be understood by a reasonable person to be proprietary or confidential. Confidential Information shall not include any information that the receiving party can demonstrate is (a) rightfully furnished to it without restriction by a third party without breach of any obligation to the disclosing party, (b) generally available to the public without breach of these Terms or (c) independently developed by it without reliance on such information.

Confidentiality: Each party shall use reasonable care to keep the other’s Confidential Information secret and, except for the specific rights granted by these Terms, neither party shall possess, access, use, reproduce or disclose any of the other’s Confidential Information without its prior written consent. The receiving party may disclose Confidential Information only to its employees and contractors who have a need to know for the permitted purpose and who are bound to safeguard the Confidential Information pursuant to obligations that are at least as protective as the restrictions in these Terms. Each party shall be responsible for any breach of confidentiality by its employees and contractors. Promptly after any termination of these Terms (or at the disclosing party’s request at any other time), the receiving party shall return all of the other’s tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records and materials developed therefrom.

28. HOW TO CONTACT US

In order to resolve a complaint regarding the Platforms or to receive further information regarding use of the Platforms, please contact us at:

Digital of Things DMCC
1504 Indigo Icon Tower
Cluster F, Jumeirah Lakes Towers
Dubai
United Arab Emirates
Phone: +971 (0)4 770 7569
contact@digitalofthings.com