«Application» – is a mobile application “Gradus: sociology in a smartphone”, available for free download through Google Play and the App Store and subsequent use on Devices connected to the Internet, with which Users have the opportunity to take various sociological surveys and public opinion polls.
«Administrator» is the LIMITED LIABILITY COMPANY GRADUS RESEARCH PLUS (GRADUS RESEARCH PLUS LLC), a legal entity that is registered and operates in accordance with the legislation of Ukraine (the EDRPOU code 43936843) which establishes the procedure and conditions for using the Application.
«User» is any citizen of Ukraine who has reached the age of 14, lives on the territory of Ukraine (except for the temporarily occupied territories and territories of joint forces operations within the limits defined by the legislation of Ukraine) and has access to the Application and who has gone through the application registration procedure, which includes filling data in the required scope and sending the registration form posted in the Application to the Administrator, and, if the Administrator has no objections to the User’s registration, assigning the User a login and password to access his account. Persons under the age of 14 may not be authorized for the use the Application.
«Agreement» – means this User Agreement and Privacy Policy.
«Site» – is a website identified by the domain name (address) https://gradus.app, the owner and administrator of which is the Administrator.
«Device» – the technical device of the User – (1) a smartphone based on the operating system Android or iOS version, which allows him/her to access the Application, or, among others (2): an electronic computing machine (personal computer, including a stationary computer, laptop, netbook, internet tablet), cellular/mobile phone; smartphone; communicator (Personal Digital Assistant); game console/set-top box, set-top boxes and other similar devices used to access the Site.
«Account» – is the account of the Application User, which includes the information necessary for the authorization of the User.
«Deep Interview» – is a type of qualitative interview that involves an individual conversation with the respondent.
«Focus Group» – is a qualitative method of sociological research in the form of a dialogue between all group participants.
1. SUBJECT OF AGREEMENT
1.1. The subject of this Agreement is the relationship between the Administrator and the User regarding the use of the Application and/or the Site.
1.2. With the help of the Application, the User shal be given access to sociological surveys conducted by the Administrator.
1.3. This Agreement is a public offer. Performing the actions specified in this Agreement by the User, in particular: using the Application and / or the Site, any of its services, completing surveys, sending registration forms, providing information, clicking on the relevant hyperlinks, as well as putting a corresponding marks during the registration process in the Application, and other actions specified in this Agreement are subject of the full and unconditional consent of the User with all paragraphs of this Agreement, with all its changes and additions, and the unconditional acceptance of its terms, and indicates the conclusion of a bilateral agreement between the Administrator and the User. In the case of disagreement with any of the terms of this Agreement, the User is obliged to refuse further use of the Application and / or the Site.
2. GENERAL PROVISIONS
2.1. The Agreement may be changed by the Administrator at any time without notifying the User personally. The Agreement in the current version enters into force from the moment of posting on the Site.
2.2. The User undertakes to familiarize himself with the terms of the Agreement and monitor their changes independently. Continued use by the User of the Application/Website after any changes and/or amendments to the Agreement have been made, its presentation in a new edition means the User’s consent to such changes and/or additions, the new edition of the Agreement. Ignorance by the User of the current terms of the Agreement does not relieve the User from the obligations provided for in the Agreement, as well as liability for their failure to fulfill and/or improper fulfillment.
3. RIGHTS AND OBLIGATIONS, GUARANTEES OF THE USER
3.1. The User undertakes to use the Application only for personal non-commercial purposes, namely, to take sociological surveys on various commercial, social, cultural or other issues proposed in the Application, to comply with the terms of the Agreement and the legislation of Ukraine, and not to violate the rights and legitimate interests of the Administrator and / or third parties.
3.2. The User undertakes to refrain from taking any actions aimed at destabilizing the operation of the Application, attempting unauthorized access to the Application, as well as any other actions aimed at changing the functional characteristics of the Application, as well as from performing any other actions violating the rights of the Administrator and / or third parties.
3.3. Regardless of the Device, the User must use only one Account to use the Application.
3.4. The User is obliged to use only Ukrainian mobile operator’s phone number to register an account.
3.5. The User hereby confirms that he has reached the age of 14. The Administrator takes the protection of information about children, their personal data seriously and seeks to protect the confidentiality of this information. Responsibility for compliance with the terms of this paragraph of the Agreement by an individual who has not reached the required age lies with parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of Ukraine. The Administrator is not responsible for the use of the Application by the User/individual under the age of 14. If you are the parent of a person under the age of 14 and you believe that your child has created an Account without your consent, please contact us at the address: info@send.gradus.app.
3.6. The Registered User has the right to cancel the Account created by him/her by sending a request for deleting the Account from the Application to the Administrator to the e-mail address info@send.gradus.app from his/her e-mail address specified during registration in the Application or the e-mail address specified for registration in the social network. The Administrator shall delete the Account of such a User within 30 (thirty) days after receiving his/her request, if it meets the conditions specified above in this paragraph.
3.7. The User agrees to receive informational push notifications from the Administrator by any not prohibited by the current legislation applicable to the Agreement, in a way, in particular, in the Application interface, at any time, as well as by the User’s e-mail address or in another way. The User has the right to refuse to receive such information in the following way: either by sending an e-mail to the Administrator at the administrator’s e-mail address info@send.gradus.app; or by disabling receiving push notifications in the Device settings.
3.8. The User hereby shall give his/her consent to the Administrator to use the User’s telephone number, which the latter used for registration, for calls, sending informational messages, in any way not prohibited by the current legislation of Ukraine, applicable to the Agreement. The User may refuse further use of his/her number for interaction with him/her by sending an email to the Administrator at the administrator’s email address: info@send.gradus.app.
4. RIGHTS AND GUARANTEES OF THE ADMINISTRATOR
4.1. The Administrator shall take all possible measures to provide the User with access to the Application in the manner and on the terms stipulated by the Agreement.
4.2. The Administrator has the right to set any restrictions on the use of the Application and its functional parameters, to change the Agreement unilaterally at any time. By giving consent to this paragraph, the User shall release the Administrator from any kind of reimbursement and compensation for the implementation by the Administrator of the rights under this paragraph of the Agreement.
4.3. In order to prevent unauthorized access to the Application, destabilization of its operation and other actions violating the rights and legitimate interests of the Administrator and/or third parties, the Administrator has the right to apply any actions that do not contradict the current legislation applicable to the Agreement.
4.4. Hereby the User is informed that in case of revealing facts of violation of the Agreement and the procedure for using the Application, the Administrator has the right to use all means of protecting the violated right, including, but not limited to apply to law enforcement and judicial authorities in order to bring the unscrupulous User to civil, administrative, criminal liability for an offense.
4.5. The Administrator has the right to delete the User’s account without giving reasons.
4.6. The Administrator has the right to verify the User’s phone number or email address by initiating an incoming call and/or sending an email.
4.7. The Administrator has the right to send the User a questionnaire for participation in qualitative surveys, including, but not limited to, in-depth interviews and focus groups.
5. RESPONSIBILITIES OF THE PARTIES. LIMITATION OF LIABILITY
5.1. Access to the Application is provided “as it is”. The Administrator shall not give the User any guarantees and / or assurances in the operation of the Application.
5.2. In case of non-fulfillment and/or improper fulfillment of the terms of the Agreement, the Party that committed the violation shall be responsible in accordance with the current legislation applicable to the Agreement.
5.3. The Administrator has the right at any time, at his discretion, to suspend, limit or terminate the User’s access to the Application, including, but not exclusively, in the event that the User violates the terms of the Agreement, the current legislation applicable to the Agreement, and also in the event that the Administrator has reasons to consider the User’s actions to be in bad faith, aimed at disrupting the functionality of the Application and/or such that may lead to a violation of the rights and legitimate interests of the Administrator and/or third parties, harm their rights, business reputation, etc.
5.4. The User understands and agrees that the Administrator may delete or change (without notice) the surveys conducted using the Application, at its sole discretion, for any reason and for no reason.
5.5. The Administrator shall not be responsible for the content, reliability and accuracy of advertising information (if such information is posted) placed in the Application or on the Site, as well as for the quality of advertised goods / services.
5.6. The Administrator shall not guarantee and shall not be responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail services or scripts from technical reasons. The Administrator shall also not be responsible for compliance of the Application with the User’s expectations, error-free and uninterrupted operation of the Application, termination of the User’s access to the Application, and by default is not responsible for damage caused to the User due to reasons related to technical failures of hardware or software on any side.
5.7. The Administrator shall not be liable to the User or any third parties for any direct, indirect, negligent damages, including lost profit, damage to honor, dignity or business reputation, which arose in connection with the use of the Application, the Site or the use of other services provided using the Application or the Site.
5.8. In the event that the Administrator and / or a third party is presented with any claims, lawsuits, as well as any other demands related to the use of the Application by the User or a third party, the User is obliged to settle the above claims / lawsuits / demands on his own and at his own expense and compensate in full all costs and losses incurred by the Administrator.
5.9. The Administrator shall bear no responsibility for the availability and content of third-party websites on the Internet, the transition to which is carried out using hyperlinks placed in the interface of the Application, as well as for any consequences related to the use of such websites.
5.10. Surveys offered in the Application are not intended to cause you any negative emotions, including anger or resentment. In the event that you consider the relevant survey (offer to express an opinion) unacceptable to you, please refuse. In the event that you proceed to fill out a survey or express your own opinion, we consider that you have determined the content as acceptable to you and waive any claims against the Administrator or third parties in connection with such a survey (invitation to express an opinion)
6. USER REGISTRATION AND USER ACCOUNT
6.1. After registering the User in the Application, the registered User shall get access to his Account and the functions and services of the Application. Registration in the Application is free.
6.2. Registration can be carried out in one of the following ways: (1) by entering the User’s e-mail address (login) and password in the Application or (2) by using the User’s account in social networks, the list of which is provided on the User’s registration page, or (3) in another way, which will be introduced by the Administrator (for example, by the User entering his mobile phone number and password in the Application, etc.), as well as passing the mandatory “registration survey”, which is offered to the User after the User enters his e-mail address (login) and password in the Application or by using the User’s account in social networks.
During registration, the User shall choose a password that will be used for authorization in the Application. The password must be strong and exclude access of third parties to the account. The User shall be responsible for the reliability of the password, its storage and inaccessibility to third parties.The Administrator shall bear no responsibility for the use of the User’s data used to access the Application by any third parties.
The Administrator has the right to reject the User’s registration without giving reasons.
6.3. Creating more than one Account for the same email address (login) and/or phone number is not allowed. This means that no User has previously used such data when registering.
Phone Number The user must be unique. This means that no User has previously used such data when registering .
6.4. The next access to the registered Account of the registered User is carried out by logging in (authorization).
6.5. The Registered User shall bear responsibility for the security of his Account in the Application, including control over the e-mail address/phone number (login) specified in the Account, saving the User’s login and password, as well as for all actions taken using his Account. The Registered User undertakes to immediately notify the Administrator of any case of unauthorized access to the Account and/or of any breach of security by third parties, using the feedback form located in the Appendix in the “Feedback” Section.
The Administrator shall not be responsible for damage caused as a result of unauthorized access to the User’s Account.
6.6. In case of loss of information and/or impossibility to log in to his Account, the User can restore it by entering his e-mail address (login), to which a letter with a password recovery code will be automatically sent. After entering the password recovery code, the User shall be given the opportunity to change the password.
7. INCENTIVES (BONUSES)
7.1. The user may be entitled to receive incentives in the amount, in the manner and under the conditions set forth in this Section
7.2. Incentives for the purposes of this Agreement are bonuses in the form of virtual points that the User receives for completing most of the surveys in the Application.
Information about the number of bonuses (points) that the User can receive for completing the survey is provided to the User in the Application before passing the corresponding survey.
The procedure and conditions for receiving encouragement by the User for participating in a qualitative survey (participation in in-depth interviews and focus groups) are determined separately in the questionnaire sent to the User for participation in such surveys.
7.3. The number of bonuses received by the User is displayed in the Application. Such bonuses may be expressed in the form of “apples” or other symbol at the discretion of the Administrator.
7.4. Within 30 (thirty) working days, after the end of the calendar month in which the User took the survey in the Application, all bonuses (points) accumulated by the User will be automatically transferred to the account of the mobile phone number specified when registering the Account, at the rate of “one bonus” (point) is equal to one euro cent”.
7.5 The User has the right to indicate in the Application a different phone number than the one that was specified when registering the account in order to receive the incentive provided for in this Section. If such a telephone number belongs to another person, the User is obliged to obtain the unconditional consent of such a person to use the telephone number belonging to him/her, under the conditions set forth in this Agreement.
7.6. The User or any other person is not entitled to receive the equivalent of bonuses (points) in kind (in cash, non-cash or otherwise).
7.7. Some surveys will not have bonuses, as they are designed to study Ukrainian society and the peculiarities of the life of Ukrainians. The results of such surveys will be publicly available and will be published on our social networks and on the Site.
Information on the number of bonuses (points) that the User can receive for completing the survey will not be available for such surveys .
7.8. The User loses the right to receive an incentive if he (she) violates any of the terms of this Agreement and/or if the User refuses (withdraws) his/her consents/permissions regarding the Administrator’s use of the User’s mobile phone number or other personal data.
7.9. The period during which the User can receive the right to the incentive begins from the moment of the User’s registration in accordance with the terms of this Agreement and is valid until the moment of unilateral changes to this Agreement by the Administrator..
7.10. The User is responsible for the authenticity and correctness of the phone number specified by him/her during the registration of the Account and/or the number of another number that the User specified in the Application for receiving bonuses (points). The User shall be solely responsible for not receiving a replenishment of the mobile account in an amount equal to the number of points (bonuses) received as a result of an incorrectly specified mobile phone number. The Administrator is not obliged to compensate the User for any losses.
7.11. In the event that the Administrator suspects that the User has violated the terms of this Agreement, the Administrator has the right to send the User a request for confirmation or refutation of such circumstances and to obtain explanations, additional information and/or documents from the User, and the User is obliged to provide appropriate explanations, additional information and/or documents of the User.
If the User has not provided the Administrator with the relevant explanations, additional information and / or documents and / or, in the opinion of the Administrator, such explanations, additional information and / or documents do not refute the Administrator’s suspicions that the User has violated the terms of this Agreement, the User shall be deprived of the right to receive incentives.
7.12. The Administrator does not guarantee and is not responsible for the failure of the User to replenish his mobile account as a result of any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of banking/payment system services, etc. or for other reasons beyond the Administrator’s control. The Administrator shall not be liable to the User or any third parties for any direct, indirect, negligent losses, including lost profits, damage to honor, dignity or business reputation, arising in connection with the circumstances set forth in this paragraph.
8. TECHNICAL REQUIREMENTS
8.1. The User confirms and agrees that access to the Application is provided to the User only through Devices connected to the Internet. The Application and / or its functionality may not be available (have limited functionality) when using Devices that do not meet the technical requirements for using the Application, as well as if there are other restrictions provided by the Administrator.
8.2. The User agrees and acknowledges that the Administrator does not provide Users with communication services regulated by the current legislation of Ukraine and thus is not responsible for malfunctions on equipment and communication networks that belong to third parties and are used to provide Users with access to the Application.
8.3. The quality of the application depends on the speed of the Internet and other criteria, including the model of the device you are using. The User acknowledges and agrees that the speed of access to the Application on the Internet may change due to the User’s channel being loaded with traffic from other resources or for other reasons beyond the control of the Administrator. The Administrator is not responsible for the fact that at a specific time, in a specific place, the User could not access the Application due to low access speed.
8.4. All issues related to the acquisition of access rights to the Internet, the purchase and technical configuration of the relevant devices, are to be resolved by the User independently. Such questions are not subject to the Agreement and the Administrator is not responsible for these actions of the User or third parties.
8.5. The Administrator is not responsible for any damage caused to the equipment or software of the User or another person, caused or related to the use of the Application or the Site.
