Qbit Terms & Conditions

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Please read the terms of this agreement before accessing any Qbit software. By clicking “I agree”, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, click “Cancel”.

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General: To become a Q’sumer (a "Q’sumer") of Viveo Labs Inc. ("Qbit"/"We"), you need to be a resident of the United States or Canada and be 18 years old or over. We offer our members the chance to voice their opinion about new and existing products.

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1. Joining as a Q’sumer: Everybody is free to apply for an invitation to become a Q’sumer. Nevertheless, we reserve the sole right to deny membership, without any requirement to justify such a rejection. 
 

2. Use of your personal information: The information you give us will be treated in the strictest confidence and in accordance with all applicable laws, regulations, and rules including those relating to privacy and personal data. As part of this undertaking, we promise that:

• We will NOT pass your personal information to any third parties for marketing or sales purposes.

• Other than in relation to Qbit, we will NOT sell you anything.

• Your individual responses to studies will remain confidential. We collect your anonymous self-declared demographics for the purposes of 1) directing specific studies to you and 2) sharing aggregated, anonymous answers among the pool of people who answer a given study.

• You can ask to be removed from being a Q’sumer at any time. Contact support [at] getQbit [dot] com.

• You are entitled to request correction or deletion of your personal information and the information you provide about your household at any time. Contact support [at] getQbit [dot] com.

• You have the right to request a copy of your personal information that we hold at any time.

• In some instances, concerning our research, we may ask you to provide certain sensitive personal data, for example revealing your racial or ethnic origin. You do not have to answer these questions and such questions will always include a "prefer not to answer" option. Responses to these questions will remain confidential.

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3. Email policy: As you have voluntarily registered as a Q’sumer, and confirmed your e-mail address, phone number and postal address upon registration, you should not mark emails or other communication received from Qbit as spam or unsolicited communication. Due to your mail-box security settings, the invitations you receive from us might be directed to your bulk/junk mail or similar folder. To avoid this, please add the [at]getQbit.com address to your address book.

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4. Registration of background information: With respect to the statistical analyses that Qbit delivers to its clients, Qbit needs certain demographic and personal information about you, including confidential information, for instance, your income. Providing Qbit with this personal information is a condition for participation as a Q’sumer as it would otherwise not be possible for us to determine your eligibility to participate in a given study. You hereby consent to Qbit registering your data in the Q’sumer database.

• The personal data provided about yourself is transformed into anonymous data, which will be used for statistical purposes only by Qbit or its clients, unless, you explicitly consent for us to act otherwise.

• During the registration process and during your participation in our research studies, you agree to provide only true, accurate and complete information and agree to update your Q’sumer information to ensure it remains up to date and accurate by contacting support[at]getqbit[dot]com.

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5. How does being a Q’sumer work? Q’sumers will see studies, for which they are eligible to participate, in the Qbit mobile app. There is no obligation for Q’sumers to participate in every study. Each study is only to be answered once. Qbit is not bound to make available all studies to all Q’sumers; nor can Qbit guarantee a minimum or a maximum number of studies per year.

• Qbit has taken high data safety measures. Still, should any viruses appear in the e-mails sent to you, Qbit is not liable for the consequences that such cases may entail and thus no compensation may be claimed from Qbit for such reasons.

• Qbit reserves the right to set limits on the number of studies Q’sumers can take in a given time period.

• Qbit also reserves the right to set limits on the total amount of points, compensation and/or rewards Q’sumers can receive in a given time period.

• Not all studies will provide compensation or a reward. Some studies will only provide points.

• When the necessary number of Q’sumers has answered a study, Qbit or its clients have the right to end the study and not collect further answers.

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6. Retention of answers in studies: Apart from your contact information, Qbit will also gather other personal data such as the number of household members, education level, etc.

• The answers provided by you will be rendered anonymous and will be used for statistical purposes only by Qbit or its clients. You hereby agree to Qbit registering - with a view to later using the data registered in the database in order to draw up statistical analyses - the answers you have given to Qbit in relation to the studies.

• You have the right to abandon answering any study or to request to be unsubscribed from being a Q’sumer.

• You are also entitled to require information about the data registered by Qbit about you.

• In addition, you are entitled to require the correction of the data by contacting support[at]getqbit[dot]com.

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7. The Qbit Reward Program: To thank you for you ongoing opinions, we reward you in various ways for each product review you successfully complete and that Qbit approves. Each time you complete a study before the deadline, you will receive compensation or another reward upon completion; you will also receive points. The type and size of the compensation or reward may vary per the study difficulty, length or other similar elements. Here are Qbit's rules and guidelines to ensure your Q’sumer status remains in good standing.

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Qualifying for Rewards:

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• Always be sure to explain WHY you are expressing the opinion that you have. As a rule of thumb, a good response should be at least 20 seconds.

• If your vocal responses are found to be insufficient for a study, you will NOT receive any reward (dollars or points or any other reward) for that study and you will be notified via email.

• If your vocal responses are found to be consistently poor quality, your Q’sumer involvement will be ended and any present or future rewards will be cancelled.

• While we may reach out to you to inform you that your Q’sumer status may soon be ended for poor quality, Qbit bears NO obligation to do so and may terminate any Q’sumers involvement at any time for any reason

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Reward Payments:

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• We aim to provide you your cash reward as quickly as possible. Please allow up to 5 days to receive it as time is needed to verify the quality of your responses and for the transaction to get processed by PayPal.

• You will receive your cash reward into the PayPal account you provided during sign up. Within PayPal you can then link to your bank's checking account.

• If, after 5 days you did not receive your reward, please check your email to see if you already received an email from us regarding your product review submission or reward status. If you did not, please open a support ticket: from within the Qbit App > Tap the Settings gear in the upper left > Help > My Tickets > New.

• Disclaimer: If we are delayed or prevented from performing any obligation to you by an event of Force Majeure, our performance of such obligation will be excused for a period equal to

  1. the duration of the Force Majeure event, or 

  2. if longer, the period of delay actually caused by the Force Majeure event. 

  “Force Majeure” includes an occurrence beyond our reasonable control (e.g. PayPal’s service becomes unavailable), fire, earthquake or other natural disaster, a strike, a work stoppage, an act of war or terrorism, an Act of God. We will endeavor to provide you with email notification within (10) ten days after the occurrence of any event of Force Majeure.

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Reward Points:

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• As you successfully complete product reviews you earn points. When certain point levels are reached, Q’sumers become eligible to receive bonus rewards such as a Qbit Kit or other special prizes. When premium reward opportunities (e.g. receiving free food products, getting paid to participate in at-home food studies) become available in a specific region, we invite Q'sumers in that region with the highest points in the recent past to participate.

• However, there is no cash equivalent for points; nor can points be redeemed for cash, compensation or other rewards. Should the need arise, such as in the cases when supplies or availability are exhausted, Qbit reserves the right to change, substitute, or delay in providing the point based reward. In such cases Qbit will communicate this to affected Q’sumers.

• Points do not expire as long as you continue to be an active Q’sumer and as long as the points program remains in effect.

• If you request to be unsubscribed as a Q’sumer, or if your membership is terminated, all points will be forfeited.

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8. The Qbit Referral Program: To thank you for referring someone to Qbit, you (the "inviter") will earn a paid reward when the person you invited (the "invitee") successfully completes and receives payment for their first product review. Here are Qbit's rules and guidelines for referrals:

Invitee Criteria:

• 18+ year of age

• US resident

• Has iPhone or Android mobile phone running software released within the past 6 months

• Invitations must originate from within the Qbit app

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Invitee Success Steps:

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You can check the status of all your invitees from the Referral Status & Earnings screen in the Qbit app. The following are the steps that must be completed for you, the inviter to earn your reward:

1. Invited: Inviter sends invitation via email or SMS text to invitee from within the Qbit App

2. Applied: Invitee downloads the Qbit app and applies by answering the initial questions

3. Accepted: Qbit invites invitee to complete Q'sumer sign up

4. Approved: Qbit approves invitee's first product review submission and invitee is paid reward

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Invitee Non-Success:

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The following conditions will result in your invitation no longer being valid. Conditions will be visible on the Referral Status & Earnings screen in the Qbit app:

• Failed: If Qbit is not able to deliver the invitation

• Decline: If Qbit does not accept the invitee (i.e. Step 3 above) or Qbit does not approve the invitee's first product review submission (i.e. Step 4 above).

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Earning Your Reward:

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• For every invitee you invite to Qbit who is also approved (step 4 above), you will receive the reward payment specified at the time of the invitation in the Qbit app.

• Please allow up to 5 days for verification and processing of your payment

• Disclaimer: If we are delayed or prevented from performing any obligation to you by an event of Force Majeure, our performance of such obligation will be excused for a period equal to

  1. the duration of the Force Majeure event, or 

  2. if longer, the period of delay actually caused by the Force Majeure event. 

  “Force Majeure” includes an occurrence beyond our reasonable control (e.g. PayPal’s service becomes unavailable), fire, earthquake or other natural disaster, a strike, a work stoppage, an act of war or terrorism, an Act of God. We will endeavor to provide you with email notification within (10) ten days after the occurrence of any event of Force Majeure.

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Invitee Fraud:

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• You are explicitly prohibited from taking any action to defraud the Qbit reward system (e.g. sending invitations to multiple fake accounts). Any Q’sumer suspected or found to be committing fraud against Qbit will

  1. immediately have their Qbit account suspended 

  2. forfeit any rewards

  3. face potential legal action.

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9. Use of Cookies, Digital Fingerprinting and other information on your computer: For statistical purposes, quality control, validation and, to help minimize our sending you duplicate messages, we may place and store on your computer "cookies". We also automatically capture information about your IP Address, operating system, browser type. We use this information to (i) Ensure that the study is delivered to you in a form suited to your device use. (ii) Assist in providing support to you should you have difficulty accessing or completing a study. Anonymized information is also used for research purposes. For example, to determine the percentage of Q’sumers that uses a certain type of browser in a region. 
 

10. Confidentiality notice and limitation of liability: As a Q’sumer, you may be asked to review new concepts, products, and packaging that are still in the early stages of development. You may come in contact with, be allowed to see or use or otherwise have access to certain non-public, confidential, proprietary, or trade secret information or material that are the sole and exclusive property of our relevant client, including, without limitation, information with respect to the client products (collectively, "Confidential Information"). You must not copy, print, store, forward or disclose to anyone by any means, the Confidential Information you will have access to, and must not use the Confidential Information for other purposes than the purpose it was disclosed to you. Qbit shall own and retain exclusive ownership of its trademarks, logos, copyrights, any content of its website and other intellectual property rights ("Qbit IP"). You may not use or reproduce any of the Qbit IP without Qbit’s prior written consent. Nothing in these Terms and Conditions shall be construed as granting you any license, right, title or interest in any Qbit IP, or any patent, trademark, copyright, know-how, or similar right now or hereafter owned or controlled by Qbit. You agree to indemnify, defend and hold harmless Qbit and each of its respective officers, partners, clients, managers, employees, agents and attorneys, from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable legal fees, court costs and/or settlement costs) arising from or related to: (i) your Q’sumer membership, (ii) your participation within research studies conducted by Qbit, (iii) any third party claims, or (iv) any breach by you of these Terms and Conditions. Any unlawful or disparaging action caused by you during your membership as a Q’sumer and to your participation within research studies conducted by Qbit, that may be considered a violation of criminal and/or civil law shall entitle Qbit to seek all remedies in this regard to the full extent permitted by law and in equity. Qbit disclaims any warranties, express and implied, related to your Q’sumer membership and to your participation within research studies conducted by Qbit and Qbit shall have no liability whatsoever (including without limitation liability for any indirect, special, incidental or consequential damages), to you or any third party, for your Q’sumer membership and to your participation within research studies conducted by Qbit. You will release and forever discharge Qbit, Qbit’s client, each of their affiliated companies, and each of their respective officers, directors, shareholders, employees, and agents from and against all claims, lawsuits, causes of action, demands, losses, liabilities, obligations, judgments, damages, costs and expenses of any kind (including reasonable attorneys’ fees) (“Loses”) arising directly or indirectly out of any injury, death, property damage or other damage sustained or allegedly sustained by you resulting from the distribution, sale, consumption or use of or contact with a product in connection with any product test and evaluation research. This does not apply to any Losses which may be caused by Qbit’s client’s or Qbit’s gross negligence or any liability by them under applicable product liability or consumer protection legislation. 
 

11. Participation conditions: Qbit reserves the right, at any time, to change the present "Terms and Conditions". We will inform you of updates. From time to time, we may contact you by e-mail or phone for account administration purposes, as well as e-mail newsletters or special announcements containing key information related to your Q’sumer membership activity and key updates (“Q’sumer Updates”). 
 

12. Withdrawal / Termination as a Q’sumer: You may at any point ask to have your membership as a Q’sumer terminated. Your account will initially become inactive in the Qbit database (in case you change your mind) and later erased. Qbit reserves the right to designate Q’sumers who have not completed at least one study within the past 90 days as inactive. A Q’sumer who is marked as inactive will have their active designation restored as soon as they complete a study. After 9 months of inactivity, the inactive Q’sumer will receive notice that their account will be deleted (and they will forfeit all points and any unclaimed rewards or compensation) unless they complete a study in the next 90 days. After 12 months of inactivity, Qbit reserves the right to delete the inactive Q’sumer’s account which would delete all points and delete any unclaimed rewards or compensation. Please remember that if, for any reason, you are not able to participate in studies for a longer period, you can inform us by e-mail at support[at]getqbit[dot] com, to avoid deleting your Q’sumer membership. Qbit also reserves the right to terminate membership as a Q’sumer for any bad behavior, fraudulent use or behavior, or any member that does not abide by the terms and conditions, policies, or rules. In the event of termination, Q’sumer members will immediately forfeit all points that have been accrued. Any use of the account by individuals other than the Q’sumer is considered unauthorized use and may be grounds for termination and forfeiture of points.

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13. Jurisdiction: These Terms and Conditions are governed by and interpreted and construed in accordance with, the laws of the State of California without regard to conflicts of law principles that would require the application of any other law. In the event of any dispute arising out of or relating to these Terms and Conditions, exclusive jurisdiction and venue shall be in state and federal courts in the State of California, San Mateo County, for the purpose of any legal proceeding relating to or arising under these Terms and Conditions.