Participant Terms and Conditions

Askable.com, Askablelabs.com, and the associated mobile applications called ‘Askable’ (Platform) is operated by Askable Pty Limited (including where Askable Pty Limited is trading as Askable Labs) and its Affiliates (Askable). Before you are provided with access to our Platform and start participating in studies, you must read and accept these Participant Terms and Conditions.

Your use of the Platform is governed by these Participant Terms and Conditions (Terms) and our Privacy Policy accessible at https://www.askable.com/legal/privacy-policy.

If you do not agree to these Terms, you must immediately cease using our Platform and take steps to delete your account.

These Terms do not apply to our Customers and Researchers.

1. Overview and Definitions

Askable Platform is a platform that helps businesses with their internal business needs such as user experience researchers and product teams recruit participants, conduct research interviews, analyze and synthesize findings, and compile insights reports. The platform automates participant screening, scheduling, and incentive payments while providing tools for remote user research, including live video sessions, transcription, and observer access.

In these Terms, the below words have the meaning statement in these Terms:

Affiliate

any entity that directly or indirectly controls, is controlled by, or is under common control with Askable Pty Limited including Askable Inc. and Askable Ltd.

Application

your application to a Study including any Screener Questions which may include Personal Data.

Askable Study or Askable Studies

a Study or Studies conducted by Askable, as identified in the Study description, for the benefit of a third party. We will sell your Personal Information where collected via an Askable Study, refer to section 9.

Customer

a corporate user of the Platform who commissions Studies.

Industry Stream Study

a Study that is conducted and managed directly by Askable, as identified in the Study description.

Interaction Data

information about how you interact with the Platform and any websites, prototypes, applications or other materials presented to you during a Study, including (without limitation) mouse movements, cursor position, hovers, clicks, taps, gestures, scrolling and scroll depth, keyboard inputs and keystroke timing (excluding any field designated as a password or otherwise masked), text you enter or paste, the contents and sequence of screens, pages, tabs and elements you view or interact with, time spent on each screen or element, navigation paths, dwell time, focus and idle events, errors and validation events, screen contents and screen recordings, and technical and device information such as browser type and version, operating system, device type, screen resolution, language settings, time zone, IP address and approximate location derived from it. Interaction Data forms part of the Study Materials.

Participant or You

the individual who creates an account, participates in Studies and makes submissions to our Platform.

Personal Data

any information relating to an identified or identifiable Participant.

Platform

the platform made available through https://www.askable.com or the corresponding mobile application.

Researcher

the individual contracted by us or engaged by our customers to conduct studies.

Reward

the compensation you receive for successful participation in a Study.

Study Materials

all information, data and content associated with or arising from the Study (but excluding the Application and your Participant Account), in any form or medium including but not limited to all input, responses, recordings, transcripts, commentary, opinion, words, voice, video, visual, Interaction Data, or any other medium including any Personal Data obtained after the commencement of the Study such as Screener Questions.

Study

an interview, survey, testing or other research session described within the applicable Study description including where identified an Industry Stream Study or an Askable Study.

Terms

these Participant Terms and Conditions, our Privacy Policy accessible at https://www.askable.com/legal/privacy-policy, and where applicable, additional terms presented to you at the time of applying for a Study.

We, us or our

Askable Pty Limited and its Affiliates.

By accessing and creating an account on our Platform, you enter into an agreement with Us under which we agree to make available the Platform, and you agree to certain obligations in relation to your use of the Platform.

Please read these Terms carefully before creating an account.

When you are selected to take part in a Study, if selected you agree to provide the Study Materials in exchange for a Reward specified in the Study. You may be presented with additional terms specific to the study (such as a Non-Disclosure Agreement, Privacy Policy or Consent Form) and details of the Study; to participate and receive the Reward for the relevant Study, you must read, sign and accept the additional terms (Study Terms). If you do not agree to the Study Terms, you may not be eligible to participate in the Study. If you require a copy of the Study Terms related to a specific Study, please contact us at support@askable.com.

Any Personal Data you provide to us or which we collect or process about you will be used in accordance with our Privacy Policy at https://www.askable.com/legal/privacy-policy and where applicable, the Study Terms included in the Study. Please note that once you are accepted into a Study, the Customer conducting the Study is responsible for the collection, use and disclosure of your Personal Data.

Subject to the provisions of these Terms, Askable grants to you a personal, non-sublicensable, non-exclusive, non-transferable, freely revocable, limited license to use the Platform as permitted by the features of the Platform solely to participate and complete Studies conducted by Askable or its Customers and in accordance with any documentation or instructions supplied by Askable or such Customers.

2. Minimum Age Requirements

You must be at least 13 years of age to create a Participant Account and use the Platform.

If you are between 13 and 17 years of age, you may only use the Platform if:

• Your parent or legal guardian has read and agreed to these Terms on your behalf before you access the Platform;
• Your parent or legal guardian actively supervises your use of the Platform; and
• Your parent or legal guardian assumes all responsibility for your participation in any Study, including any legal, physical, or financial consequences.

Askable reserves the right to verify the age of any Participant and to require verified parental or guardian consent before permitting a minor to participate in any Study. Askable may, at its discretion, restrict certain Studies to participants aged 18 or over where the nature of the Study makes this appropriate.

If you are the parent or legal guardian of a minor who wishes to use the Platform, by agreeing to these Terms on their behalf you confirm that you:

• Have reviewed these Terms with the minor and are satisfied they understand them;
• Consent to the minor’s participation in Studies on the Platform;
• Accept responsibility for ensuring the minor’s participation complies with these Terms; and
• Consent to the collection and use of the minor’s Personal Data as described in these Terms.

Askable will never knowingly sell the Personal Data of participants under 18 years of age. See Section 9.

3. Creating a Participant Account

To register as a Participant and use the Platform, the following information is required to register an account: first and last name, email address, phone number, gender, any languages you speak, country of residence, month and year of birth. You must create a password.

You may elect to provide further information to build your Askable Participant profile including demographic information (for example your education, marital status, employment related information and voice clip). You are not required to do so to create a Participant Account. Participant Accounts include Personal Data.

By creating a Participant Account, you confirm:

• you have the legal capacity to enter into this agreement, or if you are between 13 and 17 years of age, your parent or legal guardian has agreed to these Terms on your behalf in accordance with Section 2;
• you do not have another Askable Participant Account;
• you authorize the payment of Rewards in accordance with Section 12 – Receiving Rewards;
• You will not engage in any conduct or behavior which is illegal, discriminatory or socially unacceptable towards Askable and/or Researchers;
• You will not share your Participant Account or login details with anyone else;
• You will not impersonate someone else or use someone else’s identity to access or use a Participant Account;
• You agree that all intellectual property rights in Study Materials you create during a Study will vest in the Customer, Researcher, or Askable (as applicable) upon completion of that Study, to the extent permitted by applicable law.

Where permitted by law, you consent to Askable, the relevant Customer, and Researcher exercising all acts comprised in the copyright in your Study Materials that would otherwise be subject to your moral rights, including the right to use Study Materials without attribution and to adapt or modify Study Materials for research purposes.

Account Security

If you believe that someone may have access to your login details or Participant Account, you must notify us immediately at support@askable.com.

You acknowledge and agree that your submission of any Personal Data to Askable and/or any Researcher and/or Customer is voluntary and entirely at your own risk. You hereby grant to Askable and/or such Customer and/or Researcher (as applicable) a perpetual, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use your Participant Data including Personal Data and Study Materials to provide the Services to its Customers and You in accordance with these Terms.

If Askable detects or suspects any behavior which does not comply with these Terms, Askable reserves the right to take any or all of the following actions:

• Deactivate your Askable Participant Account;
• Suspend your Askable Participant Account; and
• Where Askable believes you have committed fraud, withhold any funds and/or payouts from your Participant Account and report the incident to law enforcement authorities.

If you believe your Participant Account has been wrongly deactivated or suspended, you can submit a request to support@askable.com to rectify the issue.

4. BYO Participants

Customers may recruit their own Participants using the bring-your-own-participant offering in the Products (BYO Participant). BYO Participants are invited by Customers and will be required to set up an Askable Participant Account and comply with these Terms.

BYO Participants have the same rights and protections under these Terms as Participants recruited through the Askable panel including in relation to Rewards, confidentiality, data protection and the right to opt out. Askable is not responsible for the manner in which a Customer recruits BYO Participants or any representations made to BYO Participants by the Customer.

5. Accuracy of Information

You will ensure that all information you provide to Askable during your engagement and when participating in Studies with Askable is true, accurate and not misleading. Providing inaccurate or misleading information impairs data quality and constitutes a breach of these Terms. You will promptly notify us of any changes to your information to ensure it remains up to date. You acknowledge that providing false or misleading information may result in the suspension or termination of your Askable Participant Account or withholding of any Rewards.

6. Participant Responsibilities

You agree to treat any Askable employees, Researchers and Customers with respect. You must:

• not use Askable for any form of advertising;
• not use any artificial intelligence in responding or participating in Studies;
• use Askable honestly – you must not misrepresent yourself as someone else or conduct unlawful or fraudulent activities on Askable;
• behave in a professional manner and respond within a reasonable timeframe to the requirements of a Study;
• not interfere with or disrupt the integrity or performance of the Platform or any data or information contained therein;
• not attempt to gain unauthorized access to the Platform or its related systems;
• not copy or take screenshots/videos of any Study, or any part of the Platform.

Confidential Information

When you access the Platform, you will be shown or exposed to confidential information of Askable and Customers. You agree not to disclose confidential information to anyone other than to Askable or the Customer who developed the Study giving rise to the confidential information. You agree not to use confidential information for any purpose other than completing Studies you have accepted to participate in and where applicable, upon completing a Study will immediately delete or destroy any confidential information you have received during the Study.

Askable’s obligations to you

Askable and Researchers engaged through the Platform are also bound by confidentiality obligations in relation to your Personal Data. Details of how your information is protected are set out in our Privacy Policy. Askable takes reasonable contractual steps to ensure that Researchers keep your information confidential and do not use it for purposes beyond the relevant Study or as described in these Terms without your consent.

7. Applying for Studies

Before applying to participate in a Study, you must read the Study description carefully. You should ensure you are able to give your informed consent to the collection, use and disclosure of your Personal Data as described in these Terms and in any Study-specific terms presented to you.

When applying for Studies, you may be asked additional screening questions for the purposes of obtaining whether you are suitable for a Study (Screener Questions). Screener Questions are written by the party conducting the Study and are collected for and shared with the party conducting the Study. More information about how Personal Data in Screener Questions is used can be found in our Privacy Policy. You are free to participate in a Study or not. No action is needed by you if you do not want to participate. Where your Application or responses to Screener Questions have been flagged as fraudulent, Askable may limit or restrict your access. If this happens and you believe it to be an error, please contact support@askable.com.

You may be required to provide further information or documentation or agree to Study Terms to participate in certain Studies. When you accept Study Terms, you are entering into a separate legal agreement between you and the Researcher or Customer (or Askable where applicable), completing the Study. This means:

• you may be redirected to third-party platforms which the Researcher or Customer has elected to use for the Study. Askable does not have oversight over these third-party platforms;
• Askable does not control the content of the Study or the purpose and use of Study Materials or the content in your Study Materials. Askable may use technology or products to analyze the way in which data is inputted or otherwise provided by You as part of the Study. This helps generate insights for a Customer or Researcher. For example, where you scroll more than expected to find a website link;
• Askable is not responsible for the integrity and quality of Studies or for how they are conducted. Askable will use reasonable efforts to ensure Customers and Researchers behave respectfully;
• Askable does not control what questions are asked or what information is collected during a Study except for Industry Stream Studies and Askable Studies. If you have questions about how Study Material is collected, used or retained, you should check the Study Terms and/or contact the Customer or Researcher. Askable will provide reasonable assistance to Participants to help resolve these questions; and
• When you provide Study Material, you do so as an independent contractor and not as an employee of Askable, the Customer or the Researcher. Rewards earned during a Study may constitute income; Askable recommends you check with the relevant Tax Authority.

Askable does not decide whether to approve or reject an Application – this is solely at the discretion of the Researcher and Customer.

8. Industry Stream Study

Studies identified as Industry Stream Studies are studies conducted and managed by Askable. Askable uses the Study Material collected by Industry Stream Studies to package and commercialize in our Industry Stream product. You will always be clearly informed in the Study description whether a Study is an Industry Stream Study before you apply.

Before you commence an Industry Stream Study, you will be presented with Study Terms summarizing the key data uses described in this Section and in Section 10 – AI Training Use as well as any specific terms for that Industry Stream Study. You must actively confirm your consent at that point. By proceeding, you confirm that you have read and understood the Study Terms for an Industry Stream which may include Sections 8 to 10 of these Terms depending on the nature of the Study.

When completing an Industry Stream Study:

• Askable collects, uses, discloses, records and stores your Study Materials which may include Personal Data and sensitive data such as facial images, video and audio recordings;
• Askable uses your Study Materials and data derived from them to train, test and validate AI models and make the outputs of this available to Customers via the Platform. See Section 10 for full details;
• Askable uses your Personal Data, Study Materials or outputs for internal operational purposes including product improvement, quality assurance, technical diagnostics;
• Askable sells, discloses and commercialises Study Material and derivatives of Study Material from Industry Stream Studies to its Customers in Askable’s Industry Stream Product;
• Askable requires Customers who purchase Askable’s Industry Stream Product only use Study Material provided pursuant to Industry Stream Studies to comply with confidentiality and principles of data minimisation; and
• Your Study Materials may be disclosed to entities located outside your resident country.
• Your Study Materials may be used for Askable’s marketing and advertising purposes.

9. Sale of Data

This section explains what data Askable sells or commercially discloses to third parties, who we sell it to and how you can opt out. This applies to Askable Studies.

Askable may sell, commercialize or disclose the following categories of information to third parties:

• Study responses and Study Materials collected during Askable Studies including written responses, Interaction Data and research outputs; and
• Recordings made during Askable Studies including audio recordings, video recordings and screen recordings.

We do not sell Personal Data and Study Materials collected during Studies commissioned by Customers. Where Study Materials from Customer or Researcher Studies are anonymized and aggregated such that no individual participant can be identified, Askable may use, disclose, commercialize or sell those aggregated insights depending on the content and in accordance with our Privacy Policy.

We may sell, commercialize or disclose your Personal Data to the following categories of third parties:

• Market research firms and data analytics companies;
• AI and technology companies;
• Consumer insights and brand research companies; and
• As contemplated by these Terms, to our Customers.

We do not sell your Personal Data to advertising networks for the purpose of serving you targeted advertisements, nor do we sell your information to data brokers for resale on the open market.

Askable will never sell or commercialize:

• Your contact details (email address, phone number);
• Your login credentials or authentication information;
• Your payment information or financial account details; or
• Information about participants who are under 18 years of age.

You have the right to opt out of the sale of your Personal Data at any time. You can notify us of your choice to opt out within the App, or by utilizing our data subject rights page https://www.askable.com/legal/right-to-information or by emailing privacy@askable.com.

Please note the following effects of opting out:

• Opting out means you will no longer be eligible to participate in Industry Stream Studies and/or Askable Studies, as the sale of data collected in those Studies is integral to how those Studies are funded and operated. You will remain eligible for all other Studies on the Platform.
• Your opt-out will not affect any sale of your information that has already occurred prior to your opt-out request. We will process your request within 15 business days or within the applicable time period according to law.
• Where we have already disclosed your information to a third party prior to your opt-out, we will notify that third party of your opt-out request, but we cannot guarantee that third party will honor the request in respect of information already received.

10. AI Training Use

Askable uses artificial intelligence technologies to power features of our Platform, including automated interview moderation, transcription, insight generation and research analysis. To develop and improve these features, Askable may use certain data collected through the Platform to train, test, fine-tune, and evaluate AI models.

AI training use is limited to two categories of data only:

• Study Materials collected during Industry Stream Studies and Askable Studies (including, without limitation, Interaction Data); and
• Anonymised and aggregated Screener Question responses collected from all participants across the Platform.

Study Materials from Askable Studies may be provided to third party artificial intelligence companies to train, test, fine-tune and evaluate their own AI models. Askable will notify you and obtain your consent prior to this use within the Study Terms.

Where AI features are used during Studies (for example, AI-moderated interviews), those tools are used to facilitate the research process. No automated decisions that produce legal or similarly significant effects about you will be made solely on the basis of AI processing of your Study Materials without human review, except where you have been specifically informed otherwise in the Study Terms.

11. Completing a Study

Some Studies may be subject to completion times. These will be notified as part of the Study description. Rewards are paid only upon successful completion of a Study.

Studies completed on Askable are confidential. You must not publish or otherwise disclose the contents of any Study once you have been selected to complete it.

You should read the Study descriptions carefully and ensure that your Study Material is of reasonable quality and meets the Study description. Your Study Material must not contain any offensive or illegal material. Each Study completed by a Participant will be recorded and made available to Askable, the Customer and/or Researcher via the Platform. The recording may include your voice, video, face, movements, screen, text inputs and device and screen interactions and other items identified in the Study description. This means that your surroundings may be captured. You should ensure no other individual is included in your surroundings. If you are aware of any third party being captured, please immediately take steps to remove them from the surroundings and notify Askable to remove this data from our systems. You agree that where the Study is created by a Customer, Askable will provide a copy of the recording of that Study to the Customer for their use.

Interaction Data

The Study Materials we collect during a Study include Interaction Data (as defined in Section 1). By starting a Study, you expressly consent to the collection of Interaction Data and to its use as part of the Study Materials in accordance with these Terms, including the provisions in Sections 8 to 10 governing Industry Stream Studies, the sale of data and AI training. You may withdraw your consent at any time by ending the Study, in which case no Reward will be payable for that Study but Interaction Data already collected may continue to be processed for the purposes set out in these Terms and our Privacy Policy. If any Interaction Data is used to make automated decisions that produce legal or similarly significant effects about you (for example, to flag a Study Application as fraudulent or to withhold a Reward), you may request human review by contacting support@askable.com.

If a Researcher or Customer determines that your Study Material is not of reasonable quality (for example, it was a video interview and your camera is not on), your Study Material may be rejected, and you may not be paid a Reward or may be paid only a partial Reward.

You agree not to submit any of the following categories of information to or through the Services, even if requested by a Researcher and/or Customer:

• Financial account information (e.g., bank account number, information subject to the Payment Card Industry Data Security Standard (PCI DSS));
• Government-issued identification number (e.g., Social Security number, driver’s license number, passport number);
• Online login credentials (e.g., authentication/authorization credentials, password, security question and answer);
• Health and genetic information subject to enhanced protection under applicable law (e.g., Protected Health Information as defined in the Health Insurance Portability and Accountability Act (HIPAA)).

If a Researcher or Customer requests any of the above categories of information from you, you should decline to provide it and report the request to Askable at support@askable.com. Askable will investigate any such report.

If you submit any of the foregoing categories of information to the Services, it will be considered unauthorized use of the Services, and Askable will have no responsibility or liability in connection therewith.

12. Receiving Rewards

Once you have successfully completed a Study, the Customer and/or Askable has up to 48 hours to review your Study and approve completion or some other timeframe identified in the Study Terms. After this 48-hour period, if your Study Material has been approved, Askable will pay you the Reward specified in the relevant Study. You may receive payment for your participation by linking a PayPal account or exchanging payment for a Gift Card (Payment Methods). Askable does not guarantee the time it will take for any payment into your selected Payment Method.

If applicable, the eGift card will be sent to you by email. The eGift card will include a unique code which will be required in order for you to redeem the eGift card. The unique code on an eGift card should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if an unauthorized third-party uses your eGift card unique code. EGift cards are not redeemable for cash and cannot be returned to us for a cash refund or exchange.

Rewards are not paid for Applications, incomplete or low-quality Study Materials or where a Participant has been identified as conducting a fraudulent account.

If a Reward is credited to your Participant Account, or a payment is made to your linked payment account, in error (e.g., if your Application is approved when it should have been rejected, or if you are paid more for your Application than you should have been), we reserve the right to recover the relevant amount from you. We will notify you where this is the case and may recover such funds by:

• offsetting the relevant amount against any future Rewards you earn on Askable;
• requesting you to refund or return the relevant amount to us; or
• taking legal action.

The rewards you earn may constitute taxable income, for which you are personally liable. This means it is your responsibility to report and pay tax to the tax authority in the jurisdiction in which you are tax resident in respect of that income.

13. Personal Data

How Askable receives, uses and transfers Personal Data relating to you is detailed in our Privacy Policy. Retention periods for the various types of data are also included in the Privacy Policy.

For Industry Stream Studies and Askable Studies, Askable acts as the data controller of the Personal Data you provide in connection with that Study and in compliance with data protection laws. For all other Studies, the data controller is the relevant Customer who commissioned the Study. Askable processes participant Personal Data as a data processor on behalf of those Customers, in accordance with our Privacy Policy, any conditions with the Customer and applicable data protection law.

Askable collects and processes your account registration data (such as your name, email address, demographic profile, and account activity) as a data controller in its own right, for the purpose of operating the Platform and providing our services to you.

Askable is not responsible for any use, or misuse of your Personal Data by Researchers and Customer. We encourage you to read any Study Terms to understand how Study Materials will be collected, used and retained for each Study you participate in.

We may disclose Personal Data to either the Customer or a Researcher (as applicable), our Affiliates, business partners and third-party service providers who help us deliver our services – including artificial intelligence and information technology service providers, data storage, web-hosting and related server providers, professional advisors, certified researchers (i.e. +Researchers), third-party payment processors – in the manner and for the purposes set out in our Privacy Policy or as required by law. If you do not provide particular Personal Data, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your Personal Data to third parties located, or who store data, outside Australia.

Your privacy rights

Depending on where you are located, you may have rights in relation to your Personal Data, including rights of access, correction, deletion, restriction, portability, and the right to withdraw consent. Further information in relation to your individual rights to information held by Askable is accessible at https://www.askable.com/legal/right-to-information. To exercise any of these rights, please contact us at privacy@askable.com. We will respond within the timeframe required by applicable law.

14. Termination & Right of Appeal

You may stop using Askable whenever you like and can contact us at support@askable.com to close your Askable Participant Account. If you close your Askable Participant Account, it is your responsibility to ensure that any Rewards in your Askable Participant Account are claimed before closure.

We may limit, disable and/or suspend access to your Askable Participant Account, and/or terminate our agreement with you and close your Askable Participant Account with immediate effect if (a) we reasonably believe you are in breach of these Terms or any of our policies; and/or we otherwise reasonably suspect there is or has been misleading, dishonest, suspicious or other illegitimate behavior or fraudulent activity by your Askable Participant Account or otherwise by you in connection with your use of the Platform.

Either party may terminate this agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of this agreement and that material breach is not remedied within a reasonable period.

Effect of termination

If We terminate when we have no reason to believe you are in breach of these Terms, then we will allow you to claim the balance of Rewards in your Participant Account. If We terminate when you are, or we reasonably suspect you are in breach of these Terms then any Study Material you have completed which is under review will be deemed returned and no Reward will be payable to you and the balance of the Rewards in your Askable Participant Account may be set off against any liability you have to us.

Right of Appeal

Where your Askable Participant Account has been suspended or terminated you are able to appeal the decision by getting directly in contact with our support team at support@askable.com. We will, where possible, give you an opportunity to state the grounds for your appeal.

15. Limitation of Liability

Askable does not limit or exclude our liability where not permitted by law.

We are not responsible or liable for the actions of third parties. Third parties may include Customers or Researchers or third-party beneficiaries and service providers who are linked from our Website and Platform.

Askable will not be liable for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of Askable. Askable will not be liable for any loss of sales or business, loss of revenue, loss of agreements or contract, loss of anticipated savings, loss of use or corruption of software, data or information, loss of reputation or damage to goodwill, loss of profit, or indirect or consequential loss.

Askable’s total aggregate liability to you in connection with your use of Askable, however arising, will not exceed the amount paid by Askable to the Participant in the preceding six (6) months prior to the event giving rise to the liability or AUD $100.00.

This clause shall continue in force on termination or expiry of our agreement with you.

16. Warranty Disclaimer

The Platform and Tests are provided “AS IS” and may not be functional on any machine or in any environment. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASKABLE AND ITS LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE FOR THE PLATFORM, TESTS, ELEMENTS AND ANY OTHER INTERACTION THAT YOU MAY HAVE WITH THE RELEASED PARTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM OR TESTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

17. General

These Terms, together with other documents referred to in them, and any specific amendment we may agree with you in writing, are the entire agreement between you and us relating to your use of Askable.

Third Party Beneficiary

Customers for whom you are completing and participating in Studies for are third-party beneficiaries of this Agreement.

Amendments

Askable may revise these Terms from time to time at our sole discretion. If we revise these Terms, we will post an updated version on our website which will take effect immediately and we may also provide notice on the platform of any material changes.

Notices

All notices relating to these Terms must be sent by e-mail or post. We will send notices to you at the e-mail or postal address associated with your account. You will send notices to us at support@askable.com or by recorded delivery to our postal address of Level 22, 333 Ann Street, Brisbane, Queensland 4000, Australia. E-mail notices will be deemed received when sent, provided no error or server message indicating non-delivery has been received by the sender. As an exception, if either you or we need to serve notice of legal proceedings then notice should be served in accordance with applicable civil procedure rules.

Governing Law

Your agreement with us under these Terms is governed by the laws of Queensland, Australia. However, nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any applicable mandatory consumer protection legislation in your country of residence that cannot lawfully be excluded or limited. If you are located in the United Kingdom or European Economic Area, your statutory rights under UK GDPR, EU GDPR, and applicable consumer protection law remain unaffected by these Terms.

Disputes

If any dispute arises between you and us in connection with your use of Askable, then we’ll attempt to resolve that dispute through discussion. If we are unable to resolve the dispute by discussion, then the courts of the country where the Askable entity is located will have exclusive jurisdiction over any claim. If you are not resident in Australia, then we may bring proceedings against you in any court in your country of residence.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to matters outside our control (like power failures, government action, war, epidemic, network or communications failures, etc.).

Geographical Restrictions

We reserve the right to limit or suspend the availability of our Platform – and prohibit the creation of new Participant Accounts – in certain countries or geographies at our discretion (including, for example, if we detect patterns of dishonest, suspicious or other illegitimate behavior or fraudulent activity).

Transfers

You may not transfer, assign or novate any rights under our agreement with you without our written consent. Askable may transfer, assign or novate its rights under this agreement by providing notice to you. If Askable notifies You of the proposed merger and provides You with reasonable opportunity to opt out of the sale of your data, the merger or acquisition of Askable by a third party shall not be deemed as a sale of Personal Data.

Severance

If any court or competent authority determines that any provision or part-provision of the Terms is unenforceable for any reason, then that provision or part-provision will no longer apply, and the rest of the Terms will continue in force.

Class Actions and Arbitration

To the extent permitted by applicable law in your jurisdiction, you agree that any claim or dispute arising in connection with these Terms must be brought on an individual basis and not as part of any class or collective action. Where mandatory arbitration requirements apply under the laws of your jurisdiction (including in the United States), disputes will be resolved by binding arbitration in accordance with those requirements.

18. Digital Millennium Copyright Act (DMCA) Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Askable. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Platform;
• Information reasonably sufficient to permit Askable to contact you, such as your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement made under penalty of perjury that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to Askable at legal@askable.com.

19. Questions and Comments

If you have any questions, comments or requests in relation to these Terms, these should be sent to support@askable.com.