1.1. We, Appinio GmbH Appinio GmbH Ballindamm 3 20095 Hamburg (hereinafter referred to as "Appinio" or "we"), have developed the Alphapoll app (hereinafter referred to as "the App"). These General Terms and Conditions of Business and Use ("GTC") govern your access to and use of our App ("the Services"). Please take the time to read these GTCs. The GTCs should be read in conjunction with our Privacy Notice.
1.2. Our Services allow you to participate in market research surveys by sharing your answers and opinions with us in response to our own surveys and/or our customers' surveys and/or third party surveys ("Surveys"). Our Services may also allow you to participate in other evaluation opportunities and provide feedback, including, without limitation, watching third-party advertisements, installing third-party apps, and/or performing other actions (e.g., making referrals) (collectively, “Other Opportunities” and, together with Surveys, the “Marketing Engagements”). In return for participating in the Marketing Engagements, you will receive the applicable rewards specified in the App for the specific Marketing Engagement, which may include, but not be limited to, monetary compensation through a gift card or direct payment through an electronic payment processor (e.g., PayPal or Visa or the like), or may include experience points (levels), Coins (see section 6 of this GTC) or other benefits that we add to the App from time to time that you can redeem within the App ("Rewards").
1.3. All Rewards are subject in all respects to (1) the specific terms and conditions provided with the applicable Marketing Engagement, including, without limitation, terms and conditions of third parties that provide advertisements for you to watch or apps for you to download (“Program Specific Terms”) and (2) the terms and conditions of any third parties we may use to issue the applicable Rewards (“Provider Terms” and, together with the Program Specific Terms, the “Additional Terms”). The Additional Terms are incorporated into this GTC in their entireties. To the extent of a conflict between the other provisions in this GTC and the Additional Terms, the Additional Terms shall control.
1.4. Appinio accepts no responsibility for the content, information and data you provide in the App.
2.1. By using our Services, you agree to these terms and conditions and a contract is consummated between you and us. These GTCs replace all previous GTC agreements that Appinio has made with you.
2.2. You confirm that you are at least 16 years old, and the age of majority in the jurisdiction in which you live. If you are under the age of majority in your jurisdiction and therefore a minor, your legal guardian must agree to these terms and condition and consent to your use of our App before you use it. You confirm that you have obtained the consent of your legal guardian to use the App.
3.1. To be able to use the Services, you must register in the App. Only natural persons (i.e., real people, not companies) may register in the App. Your registration is complete when you have successfully completed the registration process created in the App or when you have successfully registered via an external provider (e.g., Google or Apple).
3.2. We reserve the right to remove or change any username you choose if we believe that such username is inappropriate, obscene or otherwise objectionable.
3.3. If you provide untrue, inaccurate, out-of-date or incomplete information in relation to your login details, we have the right to suspend or terminate your account and refuse any and all current or future use of the App.
3.4. You will not incur any costs for using our Services.
3.5. You may only create one user account. In the event of multiple registrations, Appinio is entitled to block or cancel your account and refuse any current or future use of the App.
3.6. You are personally responsible for the confidentiality and security of your password. This means that you must keep your password secret, that you must not share it with anyone and that you must take the necessary measures to ensure confidentiality. If your account is used or suspected to have been used by a third party, or if your password is lost, you are obliged to inform us immediately at hello@appinio.com.
4.1. If you have registered with Appinio and belong to the selected target group of a Marketing Engagement, we may offer you the opportunity to participate in the Marketing Engagement. Whether you are invited to take part in a Marketing Engagement depends on the target group to which you belong and we do not guarantee that we will offer you Marketing Engagements, nor how often we will offer you Marketing Engagements.
4.2. Once you have completed a Marketing Engagement, i.e., answered all the questions in a survey, watched a third-party advertisement, installed a third-party app, and/or performed other actions (e.g., making referrals) and provided any required feedback, each as specified in the applicable Additional Terms associated with the Marketing Engagement, we will credit the Reward specified in the Additional Terms of the Marketing Engagement to your user account, the physical address you provide for gift cards or the account you provide for electronic payments, as applicable. To the extent we make them available, you earn experience points through your activities within the App (e.g., frequent participation in Marketing Engagements) and they allow you to level up in the App. You may receive Rewards by participating in Marketing Engagements.
4.3. We endeavour to make the availability of the App as reliable as possible. However, we cannot guarantee constant availability.
5.1.1. When you take part in Marketing Engagements that comprise surveys, you undertake to answer the survey questions truthfully and to the best of your knowledge and belief. Surveys may not be completed automatically. You are not obliged to take part in surveys and can also cancel your response at any time.
5.1.2. The same applies to all voluntary information you provide about yourself. You can also skip these and leave them unanswered.
5.2.1. If you create reviews or ratings and make them available to us and/or you create, post, submit, publish, distribute or send any Contributions (collectively "Submissions"), you represent and warrant that:
Any use of the App that violates the above provisions constitutes a breach of these GTCs and may also result in civil and criminal penalties.
5.3.1. You may not attempt to disassemble, decompile or otherwise reverse engineer our App or software code or attempt to understand its structure in order to access the source code.
5.3.2. The App is being licensed to you personally and not sold. You may not make any changes to the App in order to expand it, improve it, translate it into another language or create something new based on our App.
5.3.3. You may not use the App for commercial purposes outside of the intended applications.
5.3.4. You may not make the App available in such a way that it can be used simultaneously by multiple devices and users.
5.3.5. You may not use the App to create a product that competes with the App.
5.3.6. You may not use the App to send spam emails or send automated requests to a website.
5.3.7. You may not use cheats, automated bots, hacking tools or any software designed to manipulate the experience in any way or to give you an unfair advantage. This includes, but is not limited to, exploiting software bugs and vulnerabilities, using third-party software to automate actions within the App and any form of manipulation of the normal operation of the App.
In the event of non-compliance, we reserve the right to block access to the App immediately and without prior notice and to deactivate the account in question.
5.4.1. You may only use this App if you do not work for and are not associated/affiliated with a company that competes with Appinio. If you are working with or are otherwise associated/affiliated with one of our competitors (i.e., a third-party that offers software used to conduct surveys), you are not allowed to sign up and use the App.
5.4.2. In the event of non-compliance, we reserve the right to block access to the App immediately and without prior notice and to deactivate the account in question.
5.5.1. We reserve certain rights, but are not obliged to enforce them:
5.5.2. Monitoring: we may monitor the content of the App to ensure that it complies with these GTCs and Rules of Conduct.
5.5.3. Legal action: If someone violates the applicable laws or these GTCs, we may take legal action against that person. This may mean that we report the case to the law enforcement authorities.
5.5.4. Restrict access: We may, at our own discretion, decide to deny or restrict access to certain Submissions or completely disable your access to the App.
5.5.5. Remove content: We may remove your Submissions that do not comply with these GTCs and/or applicable laws or that interferes with, threatens or otherwise places a burden on our systems.
6.1. You will receive Rewards for completing Marketing Engagements. The potential Rewards granted by us depends on the Marketing Engagements and will be displayed to you in the App in the Additional Terms. The Rewards will be credited, issued, or paid to your Appinio account, physical address or electronic account, as applicable, once you have completed the Marketing Engagement.
6.2. You can also earn Rewards by referring a new App user. The number of referrals is limited and will be communicated to you in the App. For any fraudulent use of the referral option (e.g., self-sponsoring, multiple sponsoring of members who obviously do not want to use the App, etc.), we may, at our own discretion and without notice or liability, disable your access to the App, in which case the Rewards earned, both for you and for the newly referred App user, will be deemed forfeited and you hereby waive any claim you have against us to any remuneration therefor. You may initially receive a smaller Reward after the referred person has registered.
6.3. Rewards cannot be retrieved once they have been transferred.
6.4. Once you have collected enough Rewards comprising coins (please check the App for details), you can either exchange them for vouchers for online shops that we support or have the money paid out to you. You will then receive virtual items or other products electronically, for example by email, text message or directly in the App.
6.5. Expiry of Rewards
Rewards expire on the earlier of (i) cancellation/deletion of your user account or (ii) five (5) years from the date on which Rewards was issued to you. After expiration, you will no longer be able to redeem the Rewards.
7.1. Some of our Marketing Engagements include product testing by our customers (“in-house testing”). For this purpose, we ask for your address in the Marketing Engagements in order to send you the products on behalf of our customers. You have no legal right to receive the test products.
7.2. If you agree to take part in in-house testing and receive a test product, you undertake to complete the Marketing Engagements within the specified time.
7.3. The criteria for participation in in-house testing are set by our customer. Appinio is only responsible for sending the test products and analysing the Marketing Engagements responses. Appinio does not dispatch the products in its own name, but on behalf of/on behalf of our customers. Appinio is not a manufacturer within the meaning of § 4 of the Product Liability Act or other applicable laws. The Product Liability Act does not apply to Appinio.
8.1. The App is owned by us, all object code, source code, databases, functionality, software, designs, audio and video files, text, photographs, graphics, user interfaces and other works of authorship in the App (collectively, the “Content”) and the trademarks, trade dress and logos (the “Marks”) contained therein are our intellectual property or are controlled by or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of applicable jurisdictions. The Content and the Marks are provided to you in the App solely for your information and personal use. Except as expressly provided in this GTC, no part of the App, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, translated, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written consent.
8.2. Your rights to use the App
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices used by you for the duration of this licence/license agreement. The App must be used on these devices in strict accordance with this GTC. This right of use is granted to you solely for your personal, non-commercial use. Except for the limited licensed granted herein, Appinio expressly reserves all rights in and to the App, Content or Marks.
8.3. Our rights of use to your Submissions
9.1. You provide us with data voluntarily and to the extent determined by yourself, which we only make available to our partners in a processed and anonymised form for the purpose of market research.
9.2. We only collect, process and use the data that you voluntarily provide to us. More information on how we use this data is described in our privacy policy. When you use our App and/or take part in Marketing Engagements, you will see information such as text, images, videos and brand names (“Protected Content”). This Protected Content belongs to us or to our customers who have authorised us to include this Protected Content in the respective Marketing Engagement.
9.3. You acknowledge and agree that this Protected Content constitutes the confidential information of us and our customers and is protected by national and international copyright and/or trademark laws. We only make the Protected Content available to you for the purpose of completing the applicable Marketing Engagement and we or our customer only grant you the right to display the content on your device for the duration of the applicable Marketing Engagement.
9.4. You agree not to disclose or use the Protected Content for any purpose other than completing the applicable Marketing Engagement. You may not use this Protected Content for your own or any commercial purposes. You undertake to keep all Protected Content shown in the Appinio App confidential. This means that you may not download, copy, photograph, share or show the Protected Content elsewhere without our or our customer's permission. If you do this in anyway, without permission, we or our customers can take legal action against you.
10.1. You agree that the use of the App is at your own risk. We make no guarantees, representations and warranties with regard to the accuracy and completeness of any Content of the App.
10.2. Liability for those users residing in the United States of America:
THE FOLLOWING TERMS APPLY TO USE OF THE APP IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS: IN NO EVENT SHALL APPINIO OR ITS CUSTOMERS BE LIABLE (WHETHER IN TORT OR CONTRACT, UNDER STATUTE OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS PROFITS. BUSINESS INTERRUPTION, LOSS OF INFORMATION AND THE LIKE, ARISING OUT OF ITS PERFORMANCE OR NONPERFORMANCE OF THIS GTC OR THE PERFORMANCE OR NONPERFORMANCE OF THE APP, EVEN IF APPINIO OR ITS CUSTOMERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION FOR APPINIO SUPPLYING YOU WITH THE APP AND THE LIMITED LICENSE GRANTED TO YOU IN THIS GTC, YOU HEREBY RELEASE APPINIO AND ITS CUSTOMERS FROM ANY CLAIMS, DEMANDS, OBLIGATIONS, LIABILITIES, DAMAGES, COSTS, FEES, EXPENSES, ACTIONS, CAUSES OF ACTION, OR SUITS AT LAW OR IN EQUITY, OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, ARISING ON, BEFORE, OR AFTER THE EFFECTIVE DATE, RELATING TO THE APP AND APPINIO’S PERFORMANCE OR NON-PERFORMANCE OF THIS GTC. IF FOR ANY REASON THE FOREGOING LIMITATION OF LIABILITY AND/OR RELEASE IS DEEMED UNENFORCEABLE UNDER APPLICABLE LAW, THEN IN CONSIDERATION FOR APPINIO SUPPLYING YOU WITH THE APP AND THE LIMITED LICENSE GRANTED TO YOU IN THIS GTC, YOU AGREE THAT APPINIO'S LIABILITY ARISING OUT OF THESE GTCS OR THE APP SHALL NOT EXCEED $1,000 (USD).
10.3. Liability for all other users shall be as follows:
In the event that you breach your obligations in this GTC, you agree to defend, indemnify and hold us and our customers harmless against all third-party allegations, causes of action, claims, demands, and suits (“Claims”) arising from such a breach. This means that you must help us if someone else makes a Claim against us as a result. This also means that you must bear the costs if we have to mount a legal defence. We reserve the right to assert claims for damages, claims for equitable relief and other claims under applicable laws.
12.1. This GTC shall remain in effect for so long as you use the App. The obligations and rights under Sections 4-15 shall survive cancellation or termination.
12.2. This GTC can be cancelled or terminated by you or Appinio at any time. For example, Appinio may cancel or terminate this GTC and delete and remove your user account at our own discretion after two (2) years of inactivity on the App. Please note that simply uninstalling the App does not terminate this contract.
To cancel, you must delete your user account via our App under the menu item "Delete account". Please donate or withdraw the Rewards from your user account. If you do not do this, all Rewards already earned will be lost upon cancellation/deletion.
12.3. This GTC can also be cancelled by us for good cause. Good cause exists in particular if you breach one of your obligations under this GTC. If we decide to close your account for these reasons, we will send you an email to the address you have registered with us. In this email, we will explain why we have decided to terminate your account. After we have informed you, your account will be deactivated. This means that you will no longer be able to log in or use the App. We would also like to let you know that once your account has been closed, it may not be possible to restore it. If we terminate your account due to a breach of these terms and conditions, your Rewards will expire without replacement.
12.4. If we cancel or suspend your account for cause, you are prohibited from creating a new account.
13.1. We may change this GTC if there is a good reason and the changes are fair to both parties. A good reason is when something happens that could not have been foreseen when this GTC was consummated and that means a major change for the GTC. This can be, for example, if technical requirements or laws change or if we add new functions that did not exist before. We will not change important parts of the contract, i.e., the main Services.
13.2. We will make the new terms of use available to you at least eight (8) weeks before they come into force. You will then have at least six (6) weeks to tell us whether you agree with the new terms and conditions and would like to continue using our App. If you don't say anything during this time, we will assume that you agree. We will remind you again at the beginning of the period that you have the right to disagree and what will happen if you do not respond. If you do not accept the changes, you or we can terminate these GTCs immediately.
14.1. The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law clause does not apply to regulations and provisions that are mandatory under the law of the country in which you reside, or to regulations and provisions that may not be deviated from in private law contracts, or to specific terms and conditions that are applicable to users in specified geographic regions as provided for in these GTCs.
14.2. We are authorised to transfer rights and obligations arising from this GTC in whole or in part to third parties.
15.1. Our App has an integrated reporting system that allows users to report content that violates our terms of use or is otherwise objectionable or illegal. You can also send us an email at hello@appinio.com to report objectionable content.
15.2. If you believe that we have wrongly removed your post, you can lodge an objection.
15.3. If you believe that we have wrongly failed to remove a reported post, you can also lodge an objection. Simply fill out this form.
15.4. We will review your case and decide whether our original decision stands or whether we will revoke it.
15.5. We take every complaint seriously and process it quickly, fairly, carefully and without prejudice by trained staff. If we realise that our decision not to intervene was a mistake or that the content of your complaint is neither illegal nor in breach of our terms of use, we will change our decision immediately and inform you.