Qbit Terms & Conditions

 

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 don’t not agree to the terms of this agreement, click “Cancel”. 

 

General: To become a Q’sumer member (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. 

 

  1. Joining as a Q’sumer. Everybody is free to apply for an invitation to become a Q’sumer. The application process is extremely competitive and we reserve the sole right to deny membership, without any requirement to justify such a rejection. Applications are scored solely on the quality of your verbal responses to various open ended product experience questions asked to you during the application process. Based on your score, you will either be invited to join as a Q’sumer member of Qbit Rewards or as a Q’sumer member of Qbit Perks. 

    • Qbit Perks gives you cash after you earn a certain number of Perk Points for completing surveys at your own pace – i.e. there is no obligation to complete a certain number of Perk Points in a given time period.

    • Qbit Rewards gives you cash for completing 8 or more approved audio/video/survey reviews per month along with Qbit Reward Points for every approved review. Earn enough Qbit Rewards Points to unlock even higher levels of rewards.

    • A Q’sumer is either a member of Qbit Perks or Qbit Rewards – Not Both.

    •  If you’re invited to join Qbit Perks but still want to join Qbit Rewards, you can re-apply to Qbit Rewards 120 days after your acceptance into Qbit Perks

  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 reviews will remain confidential.  We collect your anonymous self-declared demographics for the purposes of 1) directing specific reviews to you and 2) sharing with our clients the aggregated, anonymous answers among the pool of Q’sumers who answer a given review. 

    • You can ask to have your Q’sumer membership ended 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.

  3. Email policy. As you have voluntarily applied and joined 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.

  4. Registration of background information. With respect to the aggregated, anonymous and non-personally identifiable 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 review.  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 is only used for statistical purposes by Qbit and/or its clients, unless, you explicitly consent for us to act otherwise. 

    • During the registration process and during your participation in our reviews, 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.

  5. How does being a Q’sumer work?

    • ​If you're invited to join as a Qbit Rewards Members: You'll  receive Qbit app notifications when new product reviews, for which they are eligible to participate, become available. There is no obligation for Q’sumers to participate in every review, nor is Qbit obligated to make available all reviews to all Q’sumers. Each review can only be done and submitted once. While Qbit makes no guarantee as to a minimum or a maximum number of reviews for any given time period, Qbit strives to present Q’sumers with at least their monthly minimum number each month. If your review is approved, it will count toward your monthly minimum. If your review is declined it will not count toward your monthly minimum and you will not receive any other rewards associated with that declined review (e.g. points).  

    • If you’re invited to join as a Qbit Perk Member: You’ll receive Qbit app notifications when new surveys, for which you’re eligible to participate, become available. There is no obligation to participate in every survey, nor is Qbit obligated to make available all reviews to all Qbit Perk Member. Each survey can only be done and submitted once. Each completed survey will earn you Qbit Perk points, which vary based on the survey.

    • ​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 reviews (for Qbit Rewards members) or the number of surveys (for Qbit Perks members) can take in a given time period.

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

    • When the needed number of responses have been received for a given review or survey, that review or survey will be closed and will no longer be available. The Qbit app indicates the estimated days remaining for each review or survey but Qbit reserves the right to close any review or survey as soon as the required number of responses has been met. As such, it’s best to complete each review as soon as you’re able.

  6. Qbit Rewards Members Only:Rewarding you for approved reviews. If your review is approved, it will count toward your monthly minimum. If your review is declined it will not count toward your monthly minimum and you will not receive any other rewards associated with that review (e.g. Qbit Reward Points).  If you complete the minimum number of approved reviews in a given month, you will receive a single cash payment at the start of the next month as a reward for meeting your monthly minimum the previous month.  If you do not complete the minimum number of approved reviews, you will not receive any payment at the start of the next month however other rewards (such as points) earned for each approved review will still be counted.   The monthly payment amount is determined by your Qbit Rewards level.  

    • When certain Reward Point levels are reached, Q’sumers gain access to the next available level in the currently offered Qbit Rewards program (details of which are made available to all active Q’sumers via the Qbit app). 

    • After achieving a given Rewards Level in the Qbit Rewards program, a Q’sumer must continue to meet certain minimum on-going review requirements, as specified in the currently offered Qbit Rewards program, to maintain that Rewards Level. 

    • All new Qbit Rewards members begin with 0 Reward Points. 

    • There is no cash equivalent for points; nor can points be redeemed for cash, compensation or other rewards.  

    • Qbit reserves the right to change, substitute, or delay providing any type of 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 Qbit Rewards program remains in effect.  

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

  7. Qbit Rewards Members Only: 

    • If you complete the minimum number of approved reviews in a given month, you will receive a single cash payment at the start of the next month as a reward for meeting your monthly minimum the previous month. If you do not complete the minimum number of approved reviews, you will not receive any payment at the start of the next month however other rewards (such as points) earned for each approved review will still be counted. The monthly payment amount is determined by your Qbit Rewards level.

    • If you refer someone to Qbit who is accepted into Qbit Rewards AND who earns their first monthly reward (i.e. by completing 8 approved studies and receiving their reward from Qbit) then you will receive a referral reward for referring that person at the same time of your monthly reward. Please refer to in-app help for current referral amounts.

      1. ​If the person you refer is not accepted into Qbit Rewards you cannot receive any referral reward.

      2. If that person re-applies for Qbit Rewards 120+ days later and that person is then accepted into Qbit Rewards the referral award cannot be provided because it’s a re- application of an application that originally was not accepted into Qbit Rewards

  8. Qbit Rewards Members Only: Shipping & Delivery of Products. Based on various criteria, such as reaching certain Qbit Rewards levels, you may qualify to receive physical shipments of one or more products, herein the “package”, “product(s)”, or “shipment”, to a US postal address (no PO boxes) of your choosing. These shipments could include one or more physical products for you to try as part of a review and / or one or more physical products that serve as your reward for completion of a review. Any food or beverage product shipped to you will be factory sealed and in its original packaging as provided by the manufacturer and/or retailer.  In the rare event that you receive a product that appears to be opened and/or tampered with, do NOT consume it and immediately contact Qbit support.  Further, Qbit will NEVER ship food or beverage products that require in-transit refrigeration, although you may be asked to refrigerate a product after you receive it to maximize the taste experience (e.g. a shelf stable beverage that tastes better cold).  Before shipping to you any physical product(s), the Qbit app will present you the opportunity to (1) Opt-in to receive the product(s) (2) Verify the shipping address you provided on sign up.  You are asked to Opt-In to confirm that you do not plan to be away in the near term (e.g. the upcoming 1-4 weeks) so that you will be present to receive the shipment. You are also asked to verify your shipping address to correct any typos in the address you provided during sign up or to update it, in the event you have moved.  After completing at least these two steps, you will be informed, via the Qbit app, of the shipping status of your package containing the product(s). Qbit employs standard 3rdparty shippers (e.g. USPS, UPS, etc.) for all shipments and therefore bares zero responsibility for lost or stolen packages. It is your responsibility to receive the package as you would any other package.  Should you not receive the package for any reason, you must contact Qbit support via in-app help or e-mail at support[at]getqbit[dot] com. Upon receipt you are required to scan one or more barcodes (e.g. the package and / or the products within the package) to validate you have received the product(s).  By receiving product(s) from Qbit, you agree that all product(s) shipped to you are provided “as is” and “as available.” To the maximum extent permitted by applicable law, Qbit disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. In addition, to the maximum extent permitted by applicable law, Qbit makes no representation, warranty, conditions, or guarantee regarding the reliability, safety, timeliness, quality, suitability, or availability of the product(s), any services provided by third party providers (e.g. shippers), or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the product(s), any services provided by third party providers, or any product(s) delivered to you, remains solely with you.

  9. Qbit Perks Members Only:RedeemingYourReward. After you have earned the minimum number of Perk Points needed to qualify for your cash perk, you will receive payment for that Perk at the start of the next month you qualified. For example, if the minimum number of Perk Points is 1000 and you reach that number on the 18th day of April, you will receive the cash Perk payment into your PayPal account at the start of May. Perk Points that you earn on or after the 18th that are above the minimum will be counted toward your next minimum.

    • To check the current up-to-date minimum number of Perk points required and the cash Perk value that minimum earns you, check Help / FAQ / Qbit Rewards & Perks section from within the Qbit app.

    • There is no cash equivalent for Perk Points

    • Only when the minimum number of Perk Points has been met will Qbit convert your Perk Points into your cash Perk

    • All the Perk Points associated with redeeming a given Perk are “used up” when you receive that cash perk and do not carry forward or transfer or count towards the minimum needed to earn your next Perk. For example, if the current minimum number of Perk Points is 1000 and, at the end of a given month you’ve earned 1050 Perk Points, 1000 of the 1050 points will be used up in providing you your Perk award. The remaining 50 points will automatically be counted toward your earning the next 1000 Per Points.

    • Qbit reserves the right to change, substitute, or delay providing any type of reward. In such cases Qbit will communicate this to affected Qbit Perks members.

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

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

  10. Retention of answers in reviews.Apart from your contact information, Qbit will also gather other personal data such as 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 anonymous statistical analyses - the answers you have given to Qbit in relation to the reviews. 

    • You have the right to abandon answering any review, 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.

  11. Use of Cookies, Digital Fingerprinting and other information on your device.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 review 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 review. 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. 

  12. 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 purpose 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 reviews 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 reviews 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 reviews 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 reviews 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 the them under applicable product liability or consumer protection legislation. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

  13. 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”).

  14. 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 review 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 review. 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 review 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 reviews 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.

  15. 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.