Terms of Service

1. SMS Messaging Terms

By providing your mobile phone number and opting in to receive SMS communications, you agree to receive transactional and participation-related text messages from MeasureIQ regarding your participation in a MeasureIQ-powered program.

These messages may include account verification, onboarding information, login assistance, reminders, activity notifications, recognition updates, referral notifications, surveys and other communications directly related to your participation.

Consent to Receive Messages

By opting in, you authorize MeasureIQ to send SMS messages to the mobile phone number you provided. Consent to receive SMS messages is not a condition of purchasing any goods or services.

Message Frequency

Message frequency varies based on your participation and account activity.

Carrier Charges

Message and data rates may apply according to your wireless carrier plan. MeasureIQ is not responsible for any messaging or data charges incurred by your wireless carrier.

Supported Commands

Opt-Out

You may revoke your consent at any time by replying STOP to any SMS message. After opting out, you will receive a confirmation message indicating that no further SMS messages will be sent unless you opt back in.

Availability

SMS delivery depends on your wireless carrier and network availability. MeasureIQ does not guarantee uninterrupted or error-free SMS delivery and is not responsible for delays or failures caused by mobile carriers or third-party service providers.

Changes

MeasureIQ reserves the right to modify or discontinue its SMS messaging services at any time, including changes to message frequency, supported keywords or the types of messages delivered. Full detail is available on our SMS Compliance page.

2. Platform Provider

These Terms of Service ("Terms") govern your access to and use of MeasureIQ's websites, applications, APIs and any other software or services offered by MeasureIQ (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

References to "MeasureIQ," "we," "us," or "our" refer to MeasureIQ.

3. Basic Terms

You are responsible for your use of the Services and any content you provide, including compliance with applicable laws. You should only provide content that you are comfortable sharing with your organization and with us.

You may use the Services only if you can form a binding contract with MeasureIQ and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so.

4. Privacy

Our Privacy Policy describes how we handle the information you provide when you use our Services. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MeasureIQ.

5. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use strong passwords. MeasureIQ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. Content on the Services

You are responsible for your use of the Services and for any content you submit, including compliance with applicable laws, rules and regulations.

Any use or reliance on any content or materials submitted through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content submitted through the Services.

MeasureIQ reserves the right to remove content that violates these Terms, including but not limited to copyright or trademark violations, impersonation, unlawful conduct or harassment.

7. Program Content and Usage Rights

If you participate in a program sponsored by an organization through the Services (the "Program Sponsor"), you may submit photographs, videos, audio, written materials, social media content, testimonials or other materials ("Program Content").

You retain any ownership rights you may have in your Program Content. However, by submitting Program Content in connection with a sponsored program, and to the extent you own or control the applicable rights, you grant the Program Sponsor and its affiliates, agencies, service providers and authorized partners a worldwide, non-exclusive, royalty-free license to use, reproduce, display, distribute, publish, repost, edit, adapt, crop, format, create derivative works from and otherwise use the Program Content in connection with the Program Sponsor's business, marketing, advertising, recruiting, communications and promotional activities.

This permission includes use of Program Content in organic social media, websites, email, digital marketing, search, internal communications and paid advertising, unless the applicable program terms state otherwise.

You also authorize the Program Sponsor to use your name, image, likeness, voice, appearance, social media handle and biographical information contained in or submitted with the Program Content in connection with those permitted uses.

You understand that Program Content may be edited, reformatted, combined with other materials, captioned, resized or adapted for different channels, provided that such use does not materially misrepresent you or the substance of your submission.

Unless additional compensation or usage restrictions are expressly stated in the applicable program terms, campaign brief, incentive terms or separate written agreement, no additional compensation is owed solely because the Program Sponsor exercises the rights granted in this section.

You represent that you have the rights and permissions necessary to submit the Program Content and grant the permissions described above, including permission from any other identifiable individuals appearing in the content where required.

MeasureIQ receives only those rights reasonably necessary to host, process, analyze, transmit, display and otherwise operate the Services on behalf of you and the Program Sponsor.

If a separate written agreement between you and the Program Sponsor provides different or additional content usage rights or restrictions, that agreement will control with respect to those rights or restrictions.

8. MeasureIQ Rights

All right, title and interest in and to the Services (excluding content provided by users and customer data) are and will remain the exclusive property of MeasureIQ and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the MeasureIQ name or any MeasureIQ trademarks, logos, domain names or other distinctive brand features.

9. Restrictions on Use

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to:

• Satisfy any applicable law, regulation, legal process or governmental request;
• Enforce the Terms, including investigation of potential violations;
• Detect, prevent or otherwise address fraud, security or technical issues;
• Respond to user support requests; or
• Protect the rights, property or safety of MeasureIQ, its users and the public.

10. Ending These Terms

The Terms will continue to apply until terminated by either you or MeasureIQ. You may end your legal agreement with MeasureIQ at any time for any reason by deactivating your account and discontinuing your use of the Services.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you at the email address associated with your account.

11. Disclaimers, Limitations of Liability, and Indemnity

Please read this section carefully since it limits the liability of MeasureIQ and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the "MeasureIQ Entities"). Each of the provisions below only applies up to the maximum extent permitted under applicable law.

The Services are available "AS-IS." Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE MEASUREIQ ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEASUREIQ ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES.

You agree to indemnify and hold harmless the MeasureIQ Entities from any claim, demand, loss or damage, including reasonable attorneys' fees, arising out of your use of the Services, your content, or your violation of these Terms or applicable law.

12. General Terms

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be on this page, will govern our relationship with you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

The laws of the State of Ohio, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and MeasureIQ. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Ohio, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms are the entire and exclusive agreement between MeasureIQ and you regarding the Services, and they supersede and replace any prior agreements between MeasureIQ and you regarding the Services.

Contact Us

Questions about these Terms can be sent to MeasureIQ at support@measureiq.ai.