Terms of Service

Scope

These terms of service govern your use of the Homaro website (the "Site"). By using the Site, you agree to be bound by these terms of service.

User Content

By uploading, submitting, or otherwise providing any User Content to the Site, you grant TIS Modern LLC a non-exclusive, royalty-free, sub-licensable, worldwide right and license to use, reproduce, distribute, modify, adapt, publicly perform, publicly display, transmit, translate, create derivative works from, and sublicense such User Content (in whole or in part) only for the purpose of collecting and aggregating survey and demographic data.

You represent and warrant that you own all rights in and to the User Content, or that you have the necessary permissions to grant the rights granted above. You agree that you will not upload, submit, or otherwise provide any User Content that:

1. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise excessively objectionable
2. Infringes any third party's intellectual property rights, or
3. violates any applicable law or regulation

Homaro reserves the right to remove any User Content from the Site at any time for any reason.

Intellectual Property

All content on the Site, including but not limited to text, images, logos, and software, is the property of TIS Modern LLC or its licensors. You may not use, reproduce, distribute, or modify any content on the Site without the express written permission of TIS Modern LLC.

Other Intellectual Property

Homaro respects the intellectual property of others. If you believe that your intellectual property has been infringed on the Site, please contact us at contact@homarotest.com.

Services

The Site provides a variety of services including, but not limited to: the collection and aggregation of crowd-sourced responses to user-created surveys, and the collection and aggregation of demographic information.

We reserve the right, at Our sole discretion, to do any of the following in respect of both Researchers and Testers:

1. to use or display any of Your Content on any of Our Websites
2. to include (including after the termination of this Agreement) references to and/or use any of the Your Content, Your name(s) and/or profile pictures on any of Our Websites
3. to refuse to provide any services to You, including if We believe (at Our discretion) Your Content is capable of breaching Your obligations under this Agreement
4. to limit, suspend or terminate any of Our Service to You or remove any of Your Content
5. to remove, block, not display and/or not store any of Your Content or any other information or materials at Our discretion, including without limitation that which we deem to be offensive or inappropriate, regardless of whether this material is unlawful; and
6. to cease providing any of Our Services to You in the event payment of Fees is not made in full and on time.

You agree to use the services in accordance with these terms of service and any additional terms of service that may apply to specific services.

For Researchers

In order to create, modify, and collect data for studies on the Site, you must have an active subscription. Subscriptions are valid for a period of time specified upon the time of subscription. You are allotted a specified number of user responses for which you may collect data from crowd users.

You may collect additional responses above your alloted number of responses by paying additional fees for overage usages (charged per response). Overage usages are metered throughout the billing period and charged at the end of the billing period.

Subscriptions are automatically renewed upon the end of the billing period. Your allotted number of user responses are reset and any allotments from prior billing periods are revoked.

Subscriptions may be canceled before the end of their billing periods. Upon cancellation, your subscription will remain active until the end of the billing period, but will not be automatically renewed. Overage usages will continue to accrue until the end of the billing cycle.

Upon subscription inactivation, all non-completed studies will be stopped. Studies cannot be created, modified, or run without an active subscription. However, reports and user responses may still be viewed.

User Accounts

You may create a user account on the Site. You agree to provide accurate and up-to-date information in your user account. You are responsible for the security of your user account and password. You agree not to share your user account or password with anyone else. You agree not to create more than one user account.

Responsibility

You are responsible for your own use of the Site. You agree not to use the Site in any way that violates the law or these terms of service.

You are also responsible for any losses or damages that you or any third party may suffer as a result of your misuse of the Site.

Prohibited Activities

You agree not to use the Site in any way that:

• Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
• Infringes any third party's trademarks, licenses, patents, trade secrets, or intellectual property rights.
• Violates any applicable law or regulation.
• Violates the privacy of another third party (for example, posting personal identifying information without consent or "doxxing").
• Is intended to harm, disable, overburden, or impair the Site or any of its features.
• Interferes with any other user's enjoyment of the Site.
• Is fraudulent or deceptive.
• Is used to upload, generate, transmit, access, or link to illegal content, including but not limited to:
  1. Child pornography and child sexual abuse material (CSAM).
  2. Bestiality and zoophilia.
  3. Computer viruses, worms, rootkits, backdoors, malware, spyware, ransomware, and trojans.
  4. Phishing and fraudulent scams.
  5. Hacking and cracking tools.
• Is used to hack, reverse engineer, exploit, or abuse the Site.

For Researchers

You also agree not to:

• Initiate a bad faith chargeback or payment reversal in an attempt to defraud the Site.
• Fund your account by using stolen, fabricated, or invalid payment details.
• Upload or link to content as part of a study that others may reasonably find sexually explicit, offensive, shocking, or disturbing without indicating as such (for example, by selecting "Contains offensive content?" or a similar setting when creating a study).

For Testers

You also agree not to:

• Knowingly provide false, deceptive, misleading, nonsensical, or inaccurate information in any of your responses.
• Share completion codes with other testers.

Violations

If you violate any of the terms of this section, Homaro may take any action it deems appropriate, including but not limited to:

• Temporarily suspending your account.
• Terminating your account.
• Freezing or revoking account credits & balances.
• Canceling your subscriptions and immediately billing you for accrued usages.
• Removing your content from the Site.
• Contacting the appropriate authorities.
• Taking legal action against you.

Indemnification

You agree to indemnify and hold TIS Modern LLC harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your user error, misuse of the Site, negligence, or violation of any of these terms of service. This includes, but is not limited to, errors in your input, improper use of the Site's features, and failure to follow the Site's instructions.

Website Access

We cannot guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

Changes to Terms of Service

Homaro may change these terms of service at any time. You are responsible for reviewing the most current version of the terms of service. Your continued use of the Site after any changes to the terms of service constitutes your acceptance of those changes.

Termination

You may terminate this agreement at any time by deactivating your account. You may deactivate your account from your Account Settings by clicking on the "Deactivate Account" button at the bottom of the page.

Homaro may terminate this agreement (or any part) or your access to the Site at any time for any or no reason by notifying you. We may also terminate this agreement and deactivate your account if you do not log into your account for at least 540 days.

Upon account deactivation or termination, all unused account balances, credits, points, discounts, user responses, and rewards will be voided and unredeemable. Active subscriptions will be canceled and accrued usage charges for the billing period will be charged. Any data, study reports, and other content associated with your account will be removed in accordance with our Data Policy.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, OR OTHER ACTIVITIES INITIATED THROUGH OR RELATED TO THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten United States dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SITE OR OTHERWISE INITIATED THROUGH THE SITE EVEN IF PERFORMED IN WHOLE OR IN PART OFFLINE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION, WE DO NOT WARRANT THAT: A) THE SITE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law

These terms of service will be governed by and construed in accordance with the laws of the State of New Jersey and the United States of America.

Entire Agreement

These terms of service constitute the entire agreement between you and TIS Modern LLC regarding your use of the Site. These terms of service supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written.