This User ‘Terms and conditions’ Agreement (the “User Agreement”) describes your rights and responsibilities when using our online project management tool (the “tool”) and services (the “Services”). Please read them carefully.

This User Agreement is entered into by and between myMRPlace INC,  (“myMRPlace INC” or “Company”) and the entity or person placing an order for or accessing the Services (“User”, “User” or “you”). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “User” refer to your company too.

By indicating your acceptance of this User Agreement or visiting our website and accessing the information, resources, services, products, and tools we provide, you are agreeing to be bound by all terms, conditions, and notices contained or referenced in this agreement. If you do not agree to this agreement, please do not use any services. For clarity, each party expressly agrees that this agreement is legally binding upon it.

In the event that the terms of a separate Agreement signed between flowres.io and you conflict with this User Agreement, the terms of that Agreement shall govern.

This agreement contains mandatory arbitration provisions that require the use of arbitration to resolve disputes, rather than jury trials.

To the extent prohibited by applicable law, flowres.io does not allow the use of our Services by anyone younger than 18 years old.
We reserve the right to change the User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.

PRIVACY STATEMENT

Please review our Privacy and Cookies Policy for more information on how we collect and use data relating to the use and performance of our websites and products.

Background

Our platform enables users to collaborate with various external and internal stakeholders including consumers. for the purpose of managing their research project and derive insights from their market research studies.

A person who uses the Services in order to manage one or more studies is referred to in this User Agreement as a “User”. A person that is employed as participant for the research purpose is referred as ‘Participant’

Users can recruit or include their own Participants on the Platform or they can request flowres.io to do the recruitment for them. In addition, User may also hire from flowres.io other Professional like moderators, interpreters, translators, transcribers, report writers and other services.

Services

flowres.io shall provide services related to the market research based on the requirement of the project of the User, however, flowres.io does not assure any quality of the outcome of the services to the User. flowres.io shall not be responsible for the quality of the work produced and provided to the Users. Fowres.io hires and employs third party vendors for the completion of the User’s task and the User acknowledges the involvement of third-party to receive User data for the work purpose on flowres.io’s platform.

Add-ons

flowres.io provides add-on services like translation, transcription to qualitative projects. We standby our accuracy promises for human transcription, translation and interpretation, however, flowres.io shall not be responsible for the quality and correctness of the auto translation or transcription provided to the Users.

Participants' Privacy

All personal information obtained from the Participants through the use of the Services or uploaded into our Platform as User Data shall be treated confidentially, shall be used for market research purposes only, and shall not be disclosed to any person or entity outside of the collaborators involved in the study, except with explicit consent from the Participant, or as required by law or by court order. flowres.io may collect such User data for internal evaluation purposes. The privacy policy of the User data on flowres.io are GDPR complaint. flowres.io respects and protects User data to the fullest extent; however, any unexpected data breach at flowres.io or data theft beyond the control of flowres.io shall not be the liability of flowres.io.

Registration

To use and access the Services, you are required to register and you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. Failure to provide the information requested will result in a failed registration and no access to the Service.

Access

Subject to User’s compliance with this User Agreement, including User’s payment of applicable Fees, flowres.io shall host and provide the Platform and the Services to User. flowres.io agrees to grant User the right to: (a) access and use both the Platform and the Platform Documentation; and (b) input and upload User Data to the Platform and download the User Data available through the Platform and Services.

User Property

All documents, data, and files provided or uploaded to flowres.io hereunder by User or third parties on its or their behalf in their original format, compilations and derivative works thereof (“User Property”) are and shall remain the exclusive property of User, whether or not specifically recognized or perfected under applicable law.

Confidentiality

Both flowres.io or User may disclose certain information (a “Discloser”) to each other (a “Recipient”) which is considered confidential (hereinafter “Confidential Information”).  Confidential Information means all information whether or not reduced to in writing, related to the business of the Discloser which is (a) disclosed by the Discloser, and (b) is treated as confidential by Discloser or would otherwise reasonably be understood to be confidential under the circumstances.  Confidential Information includes business development plans, strategic plans, personal data, Users, User information, or other information identified or known to be confidential information of the Discloser.

From the date of disclosure, Recipient shall maintain the Confidential Information in confidence and will not use Information in any manner or for any other purpose than the provision of the Services.  Recipient has no obligation with respect to any Confidential Information which is already rightfully known to Recipient; or is or becomes publicly known through no wrongful act of Recipient; or is rightfully obtained by Recipient form a third party without similar restriction; or is independently developed by Recipient without breach of these Terms; or is required to be disclosed by court order, order of a governmental authority, or process of law.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) this User Agreement and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:

  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • We may provide various tools on our Website and Platform, such as video uploads, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted or uploaded by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website or Platform, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any of the tools mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • Infringes on any trademark, patent, trade secret, copyright, or another proprietary right of any party;
    • Contains any type of unauthorized or unsolicited advertising;
    • Impersonates any person or entity, including any flowres.io employees or representatives.
    • is not related to market research and that has been uploaded without the previous consent from the Participant showing up in such videos, this last item is only applicable for videos that are uploaded to our Platform.
      We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
    • We do not assume any liability for any content posted by you or any other 3rd party users of our website.
    • You agree to indemnify and hold harmless flowres.io, parent companies, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Publicity

User hereby consents that, flowres.io may identify you as a User of flowres.io (using its name and logo) and generally describe the products or services it provides to User in its website, promotional materials, presentations, media, press releases and proposals to other current and prospective Users. Users will be entitled to revoke this permission from flowres.io at any given moment.

Compliance with Laws

User hereby agrees to use all data collected and received pursuant to their access and use of the Resources in compliance with all applicable international, federal, state and local laws, ordinances, regulations, guidelines and codes.

Privileges Non-Transferable

You may not transfer your access privileges to any third-parties. You further agree not to disclose your confidential password to anyone.

Limitation Of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  • the use of our Resources will meet your needs or requirements.
  • the use of our Resources will be uninterrupted, timely, secure, or free from errors.
  • the information obtained by using our Resources will be accurate or reliable, and
  • any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:
  • any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • no information or advice, whether expressed, implied, oral or written, obtained by you from flowres.io or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Indemnification

User shall indemnify and defend flowres.io and its past, present and future officers, directors, stockholders, attorneys, agents, representatives, employees, predecessors, affiliates, successors, heirs, and assigns from any claim, action, class action, suit or investigation, including any related damage, loss, liability, judgment, deficiency, or cost (including any and all attorneys’ and other fees, costs or expenses incurred in connection with investigating, defending or prosecuting such claim), (collectively “Claims”) brought by any third party to the extent or resulting from: (a) the breach of any warranty or the inaccuracy of any representation made by User herein or any misstatement of a fact or facts herein made by User; (b)  the non-fulfilment of any undertaking, agreement, obligation, covenant or condition of User under the Agreements signed; or (c) the violation by User of the Privacy Policy or this User Agreement.

Limitation Of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall not exceed any amount paid to flowres.io for the use of our Resources. flowres.io will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Dispute Resolution

Any controversy or claim arising out of or relating to this User Agreement, or the breach thereof, shall be settled by arbitration administered by the __________________________in accordance with its rules. The arbitration hearing shall take place in ________________________ before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Copyrights/Trademarks

All content and materials available on flowres.io, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of flowres.io, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by flowres.io Inc.

Mobile Application - License

flowres.io grants you a revocable, non-exclusive, non-transferable, limited license to install and use a copy of the Mobile Application (“Mobile App”) strictly in accordance with the terms of this License and the User Agreement. You agree that you will not (a) reproduce, modify, distribute, transfer, disclose, or make available to any third party any portion of the Mobile App in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Mobile App and (c) circumvent any technical limitations in the Mobile App or otherwise interfere in any manner with the operation of the Mobile App.

Termination Of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or flowres.io has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, flowres.io may at its discretion suspend or terminate your account and deny you access to the Service.  You are fully and solely responsible for all activities that occur under your account. You may not share your account or password with anyone else.  Further, you agree to notify flowres.io immediately of any unauthorized use of your password or account or any other breach of security. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Language

For all purposes, this English language version of this Agreement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of the Agreement and any subsequent translation into any other language, this English language version shall govern and control.

Governing Law

This website is controlled by myMRPlace, Inc from our offices located in the state of Delaware, USA __________________. It can be accessed by most countries around the world. As each country has laws that may differ from those of the United States of America__________, by accessing our website, you agree that the statutes and laws of the United States of America _________, without regard to the conflict of laws. Furthermore, in any circumstances where the Arbitration Agreement permits the parties to litigate in court, the Parties agree to submit to the personal jurisdiction of the courts located in The United States of America_____________________.

Guarantee

UNLESS OTHERWISE EXPRESSED, myMRPlace INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about our User Agreement as outlined above, you can contact us at [email protected]