Welcome to Quorum! Please
read the below Participant Terms of Use (the "Terms") which
describe the legal rights and obligations regarding your use of the Quorum site.
DEFINITIONS
For
purposes of giving further context to these Terms, "We" are
Quorum Research LLC and "Quorum" is the platform made
available through our "Website" at quorumapp.com, which is
used to run research studies and recruit participants. "Researchers"
are the companies, institutions, or individuals who use Quorum to perform
"Studies," which are online research studies. "You"
are an individual "Participant" who will use Quorum to partake
in Studies. Participants' submissions in participating in Studies are "Submissions,"
and the rewards offered by Researchers to Participants for their Submissions
are "Rewards."
LEGAL
OVERVIEW
You
are entering into an agreement comprised of these Terms, under which we agree
to make Quorum available to you in exchange for your agreement to be bound by
obligations regarding your use of Quorum. Likewise, each Researcher who uses Quorum
enters into an agreement with us under which we agree to make Quorum available
to them in exchange for their agreement to be bound by obligations regarding
their use of Quorum.
When
you participate in a Study, an agreement is formed between you and the
Researcher which is comprised of these Terms as well as any specific terms
which Participants are required to accept before taking part in that particular Study, such as consent forms. All of these
together are the "Study Terms". Quorum Research LLC is not
party to the agreement between the Researcher and the Participant under the
Study Terms. We do not control Researchers' conduct of Studies or Participants'
responses. Any personal data provided to us will be used in accordance with our
Privacy Notice.
1.
Account Registration
To
use Quorum, you must register by entering your first name, last name, email
address, country of residence and date of birth. You will also need to choose a
password. You may then be asked to provide further personal information, such
as demographic information (nationality, education, ethnicity
or gender), which we use for the purposes of pre-screening to ensure that you
participate only in those Studies for which you are eligible based on the criteria
set by the relevant Researcher. We may request that you provide further
information or documentation to verify your pre-screening information before
you participate in certain Studies. All personal data you provide to us will be
used in accordance with our Privacy Notice.
When
you register to use Quorum as a Participant, you are offering to enter into a
binding agreement with us under these Terms.
If we accept your registration, then you will be legally bound by that
agreement. We will then open an account associated with the details you have
provided to us ("Participant Account"). If for any reason we
decline your registration, we will notify you and you will not be able to use Quorum.
By
registering to use Quorum you confirm: (i) that you
are over eighteen years old and have legal capacity to enter into your
agreement with us; and (ii) that all the information provided to us for the
purpose of registering for Quorum is true, and that you will notify us promptly
of any changes to your personal information; that you authorize the electronic
transfer of funds to us and from us in accordance with the Payments section of
these Terms.
2. Your
Responsibilities
You agree
that:
You
are responsible for all activities undertaken through your Participant Account.
You must not let anyone else use your Participant Account, including allowing
any third party to complete Studies. You must notify us immediately at support@quorumapp.com if you believe any other
person has accessed your login details or Participant Account.
Access
to Quorum is not guaranteed. We may suspend or close your Participant Account
at any time. We may close your Participant Account if we are not able to
verify your information, if you do not provide information we request for
verification purposes within a reasonable time, or if we suspect that your
Participant Account has been compromised or that you are in breach of these
Terms.
Note:
While some of the content on our Website and Support Center may express our
understanding of applicable laws, that content does not constitute legal or
professional advice.
3.
Participating in Studies
Quorum
is used to list Studies and to recruit Participants. However, Studies may be completed and Submissions may be received on third-party
platforms chosen by the Researcher. Understand that:
The majority of Studies provide for Participants to
remain anonymous to the Researcher. However, the use by the Researcher of any
personal information you communicate in the course of
a Study will be governed by the Study Terms and any privacy notice included by
the Researcher in the Study listing. You should read the Study listing
carefully and ensure that your Submission is of reasonable quality and meets
the specific requirements of the Study. Your Submission must not contain
any illegal material.
Some
Studies may be subject to a maximum completion time. You will not usually be
eligible to receive any Reward for your Submission if you are “timed out” of a
Study. You may not be paid any Reward or may be paid only a partial Reward if
the Researcher determines that your Study is not of reasonable quality or does
not meet the Study requirements.
Note:
When you make a Submission, you will be entering into an
agreement with the Researcher on the Study Terms. We do not act as your agent.
4.
Paying Rewards
In
most cases, we endeavor to require that Researchers have a sufficient balance
to pay Rewards before launching the relevant Study, though we do not
guarantee any Rewards or that Researchers will be financially capable of paying
any Rewards .
We will apply Rewards to your Participant Account on behalf of the relevant
Researchers, paid in the currency identified in the relevant Study listing. You
will receive the relevant Reward only after your Submission is approved by the
Researcher. If the Researcher rejects
your Submission, no Reward will be paid to you. If the Researcher
approves your Submission, we will apply the Reward to your Participant Account in
accordance with the study terms. As an exception, if for any reason you are
liable to us, we may withhold payment of any Rewards to you as an offset
against that liability.
You
must claim each Reward by requesting the payment of that Reward via the payment
method specified in your Participant Account within 90 days from the date we
apply the Reward. If you do not claim your Reward, your
payment will be forfeited.
From
time to time, we may require a minimum amount of
Rewards to be accumulated before we transfer the Rewards into your Participant
Account.
Payment
of Rewards to you shall be made to your Stripe account through our payment
processing service provider Stripe. Stripe may receive your credit or debit
card details and other personal information, subject to its terms and
conditions. Some participants may also be eligible to receive payment as
an electronic Amazon gift card.
We
may delay or suspend payment of Rewards: (i) if we
are unable to confirm your identity or have reason to believe that the transfer
requested is unauthorized; (ii) if we believe that you are in breach of these
Terms; or (iii) during any dispute involving your Participant Account or
Submission.
Any
Rewards are inclusive of any applicable VAT or any
equivalent or similar tax imposed outside of the United States.
5.
Data Protection
Our
Privacy Notice sets out full
information about how we receive, use and transfer
your personal
data. Please refer to it at this link.
6.
Limitation of Liability
Given
our limited role in that we do not control the content or conduct of Studies, Quorum
Research LLC limits and excludes our liability to you, except in cases
permitted by applicable law (such as in instances of fraud or gross negligence
on our part). We provide access to the Website and Quorum on these Terms alone
and expressly disclaim any terms which may be implied by statute or under
common law. Quorum is provided "as is" and without any warranty,
meaning that we are not liable if Quorum is unavailable for any reason such as
when Internet networks are unstable, when there is an error or defect, or when
Quorum needs to be taken down for maintenance occasionally. We are not liable
for the actions of third parties including Researchers, other Quorum users,
third party service providers or social media service providers.
Furthermore,
we are not liable for any indirect or consequential loss, damage, costs or expenses you incur in connection with your use of
Quorum, regardless of the theory of liability, even if Quorum has been advised
of the possibility of such damages. We are not liable for losses, damages, costs and expenses that are not caused by our breach of
these Terms. We are not liable for any special, exemplary, indirect, punitive, incidental or other damages. We are not liable for any loss
of profit, loss of business, loss of opportunity, loss of revenue, loss of
contract, loss or reputation or goodwill.
Our
total liability to you in aggregate shall not exceed $50.00 regardless of the
theory of liability, and the existence of more than one claim shall not expand
this limit. You acknowledge and agree that these limitations shall apply
notwithstanding any failure of any essential purpose of any limited remedy.
Note:
This section does not limit the Researcher's liability to
you for any breach of applicable law. Under the Study Terms, he Researcher’s
liability shall be limited and excluded to the same extent as our own in this
section.
7.
Indemnity
You
will indemnify, defend and hold harmless Quorum and any
Researcher, and its and their directors, officers, employees and agents from
and against all claims, liabilities, damages, losses, costs and expenses
including reasonable attorneys’ fees arising out of or in connection with your
breach of these Terms, any agreement between you and a Researcher, applicable
law or any other wrongful act taken by you. "Indemnifying" means
you will compensate us in connection with a third-party claim for the reasons
stated above. You agree to give all reasonable assistance and information
requested from you in order to enable us or the
Researcher to defend and settle such a claim.
8.
Termination
You
may stop using Quorum whenever you like. If you choose to stop using Quorum,
please contact support@quorumapp.com to close your Participant Account. Note
that is your responsibility to ensure that any Rewards in your Participant
Account are claimed before the closure of your Participant Account.
Likewise,
we may terminate our agreement with you or suspend access to your Participant
Account at any time, without providing any reason for suspension or termination.
If you are in breach of these Terms, we may act at our option by issuing you
with a written warning, taking legal action against you, or disclosing your
details to law enforcement authorities.
We
will allow you to claim the balance of Rewards in your Participant Account if
we terminate without reason to believe you are in breach of these Terms. If we
terminate when you are, or we suspect you are, in breach of these Terms, then any
Submission you have completed which is under review will be deemed returned and
no Reward will be payable to you for that Submission, and the balance of the
Rewards in your Participant Account may be set off against any liability you
may have to us or any Researcher, without limiting our or their other rights. Termination
will not affect any obligation, rights or remedies you
or we may have under these Terms prior to termination.
If
your Participant Account has been terminated or suspended, you can contact our
support team directly at support@quorumapp.com
if you wish to appeal the decision. Although we have no obligation to give a
reason for your termination or suspension, we may give you an opportunity to
state the grounds for your appeal. If we do not change our decision after
consideration of those grounds, Quorum's decision shall be final and there
shall be no further right of appeal.
9.
General
Assignment.
You shall not assign or transfer your rights or obligations under these Terms
without Quorum’s prior written consent.
Force
Majeure. No delay or failure to perform Quorum’s obligations under these
Terms due to matters outside our control (such as utility failures, war,
pandemics, or network outages) will result in any liability of Quorum.
Entire
agreement. These Terms, amendments thereto, our
Privacy Notice, any other agreements between us and any agreement with a
Researcher under which Quorum is granted rights, are the entire agreement
between you and Quorum. You agree that Quorum has made no other representation
or warranty to you that has induced you into entering into such agreement.
No
waivers. The failure of Quorum to insist upon or enforce strict
performance of any of these Terms or to exercise any of its rights or remedies
will not be construed as a waiver of our right to do so.
Severability.
If any provision of these Terms is held by any court of competent jurisdiction
to be invalid, illegal or unenforceable under
applicable law, then such provision will be deemed reformed or omitted to the
extent determined by such court (i.e., with the objective of preserving the
intent of such provision to the extent permitted by applicable law). In any event, the remainder of these Terms
will remain valid and enforceable.
Third
Party Beneficiaries. It is not the intention of the you
or us or these Terms to confer any third party
beneficiary rights upon any third party or entity whatsoever, and nothing in these
Terms may be so construed in any manner whatsoever, except with regard to any
Researcher that incorporates these Terms by the Study Terms.
Governing
Law. Your agreement with us under these Terms is governed by the
laws of the State of Delaware.
Jurisdiction.
If any dispute arises between you and us in connection with these Terms or your
use of Quorum, then we will both attempt to resolve that dispute without
resorting to litigation. If we are unable to so resolve the dispute, then you
agree that the courts of the State of Delaware will
have exclusive jurisdiction over any claim and that you can be served with
process at your last known address to us. If, however, courts in the State of
Delaware determine they have no jurisdiction over a claim, then we may bring
proceedings against you in any court with such jurisdiction.
Disputes
with Researchers. If any dispute arises between you
and any Researcher then we may try to help resolve it, but we are not obligated
to do so.
10.
Contact Us
Quorum
Research LLC is a company formed under the laws of the State of Delaware and
its registered office is Quorum Research LLC, 850 New Burton Road, Suite 201,
Dover, Kent County, Delaware. You can contact us with queries or notices
at info@quorumapp.com
Notices.
All notices by you relating to these Terms must be sent by e-mail at
support@quorumapp.com. We will send notices to you at the e-mail or postal
address associated with your account. E-mail notices will be deemed received
when sent, provided no error or server message indicating non-delivery has been
received by the sender. However, if either you or we determine to serve notice
of legal proceedings then the same may be served in accordance with applicable procedural
rules.
Revisions.
We may occasionally revise these Terms. We will give you thirty (30) days’
notice of any material changes, usually through a service message. Any changes
will not affect Studies already listed prior to those changes taking effect. By
continuing to use Quorum you accept the revised Terms.
Last
updated February 17, 2023