Last Updated: December 7, 2022
Humanify Technologies Pvt Ltd. (“Humanify,” “Company,”) has released a web and mobile platform, (both app and browser), Explorastory (“App”, “Platform” “Explorastory”, “we,” “our,” or “us”) which is a research platform connecting Humanify and other companies or businesses (each a “Researcher”) to post opportunities for individuals (each a “Respondent” or “You”) to participate in research projects and surveys (collectively, “projects”).
When you apply for or participate in research Projects, you are giving us (and Researchers) ownership of the information you submit. You can’t usually erase those Projects later. You can, however, always erase your basic profile, or close your account. We'll help you if you reach out to us.
You must be 16 (in Europe) or 13 (in the US) to open an account. If you’re under 18 (anywhere in the world), your parent or guardian needs to give you permission.
This Agreement is effective as of December 7, 2022.
Sometimes we update this Agreement. If that update changes material terms, you will be asked to accept the updated Agreement electronically. Please review this Agreement frequently for any changes. Your continued use of the Platform after we post any non-material changes to this Agreement on the Platform means you accept this Agreement, as updated.
Notice: This Agreement includes a waiver of Class Action Rights.
You are solely responsible for satisfying all taxes, and other legal requirements, including those applicable to incentive payments or other compensation you may receive for participating in Projects. In accordance with each country’s tax law, you may be required to provide Humanify updated address and other details. Humanify or our partners/service providers may notify the tax authorities about the compensation you receive from Humanify. You will also be notified if that happens.
No agency, franchise, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement, either with us or any other party, including any Researcher. You acknowledge and agree that your relationship to us and any Researcher is that of an independent contractor and specifically not that of an employee.
You may find links to other sites when you use the Platform. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Platform does not imply that we endorse the linked site. You use the links at your own risk and relieve us from any and all liability arising from your use of any third-party website.
In order for us to pay you for any Projects or Screener, and in order to qualify you for certain Projects as a Respondent, you must provide profile information. This may include photographs, video, and other personal information.
Applying to a Project does not mean you will be selected to participate. In fact, the application process is often quite competitive, and many applicants aren’t accepted. When submitting a Screener you assign to Humanify all right, title, and interest in the data “(Screener Data”) you submit. Humanify may retain or transfer those rights to others, including Researchers. You may not know the identity of the other parties who will see your Screener Data when you submit it. By submitting Screener Data, you agree that Humanify may share this data, along with certain elements of your Respondent Profile Information to any third party and any Researcher.
You assign forever to Humanify all right, title and interest to everything you submit to a Project (“Project Entries”). Humanify may retain or transfer those rights to others, including Researchers. You may not know the identity of the other parties who will see your Project Entries when you submit it. By submitting Project Entries, you agree that Humanify may share this data, along with certain elements of your Respondent Profile Information to any third party and any Researcher.
CONFIDENTIALITY. YOU AGREE TO KEEP CONFIDENTIAL AND NOT TO DIVULGE TO ANYONE, OTHER THAN AN ATTORNEY OR ACCOUNTANT REPRESENTING YOUR INTERESTS, ANY OF THE SCREENER DATA OR PROJECT ENTRIES, INCLUDING THE SUBJECT MATTER RELATED TO ANY PROJECT, FOR A PERIOD OF THREE YEARS AFTER SUBMISSION. YOU WILL NOT KEEP A COPY OF ANY SUBMISSION THAT YOU CREATE NEW SPECIFICALLY FOR A SCREENER OR Project, ANYWHERE, INCLUDING ON YOUR PHONE.
There is no cost to becoming a Respondent or in browsing most of the Platform. We may charge fees to Researchers who desire to use Respondents for their Projects.
Humanify reserves the right to not compensate Respondents who fail to perform the Project requirements in a complete and timely manner. Payment disputes must be brought to Humanify’s attention within 90 days of either the Project close date or the date you received notification that payment is forthcoming. Humanify will not review payment disputes after the 90-day period has lapsed.
We are not a party to the dealing, contracting and fulfillment of a Project between a Respondent and a Researcher unless Humanify is the Researcher. We have no control over and do not guarantee the quality, safety or legality of other Researchers’ Projects, the truth or accuracy of their Project listings, the qualifications, background, or abilities of Respondents, the ability of other Researchers to pay, or that a Respondent or Researcher can or will actually complete a transaction. We are not required to and do not verify any information given to us by Researchers or Respondents, nor do we perform background checks.
To use the Platform, you must be 13 years or older (16 years or older in the European Union). If you are still a minor where you live, you must have your parent or legal guardian read this Agreement and permit you to open an account. If you are a minor, you must also get their permission every time you want to apply or are selected to participate in Screeners or Projects, respectively. By agreeing to these Terms, you promise that you have met these requirements every time.
When you register, you will be asked to choose a username and password. You must protect them. You authorize us to assume that any person using the Platform with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your user name or password.
You agree you will not: (a) interfere or attempt to interfere with the proper operation of the Platform; (b) bypass any security measures or restrictions, (c) upload invalid data, viruses, worms, spam, or other software agents through or to the Platform; (d) collect or harvest any personally identifiable information, including account names, from the Platform; (e) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use the Platform in any way for any public or commercial purpose without our prior written consent; or (f) reverse engineer or attempt to interfere with the operation of any part of the Platform.
Humanify, Humanify’s Affiliates or licensors own all intellectual property rights in and related to the App and our Service, Materials, Documentation, Design contributions, Related knowledge or processes, and any derivative works of them.
You agree not to submit information or data to the Platform that:
Humanify does not review or edit content that is posted on the Platform, by Respondents or Researchers other than Humanify. Humanify takes no responsibility for anything you submit, nor anything to which you might be exposed, on the Platform, even if it offensive, inappropriate, or indecent. You agree that Humanify will not be liable for any damages you allegedly incur as a result of content on the Platform.
We reserve the right, but are not obligated, to reject and/or remove any content from the Platform, in our sole discretion, including for violating this Agreement.
Humanify and Researchers only obligations to compensate you for your submissions are described within Projects. You confirm that your submissions to the Platform are not and not intended to be covered by any guild, union, collective bargaining or similar agreement and there will be no residual or any other type of payment due from Humanify or any Researcher to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with your use of the Platform.
You may send us comments or ideas about the Platform or our business. You agree your disclosure is unsolicited, unrestricted, and that you assign any rights in such comments or ideas to Humanify, without payment to you.
Subject to and conditioned on your compliance with this Agreement, we grant you a limited, revocable, nonexclusive, non-transferable license to (i) access and use the Platform for the purpose of completing Projects and receiving the services available and authorised from the Platform and (ii) install the App solely for the purposes of accessing the Platform. We and our licensors retain all our right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Platform. Our logos and names are trademarks and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Platform may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
Some open source software may be incorporated into the Platform under a separate license, such as a free software, open source, or other license. In the event of a conflict between this Agreement and any such separate license, the separate license will prevail with respect to such open source software.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us as indicated in the Contact Us Section of this document.
The following terms apply when you use Humanify’s mobile app (“App”) for iOS devices (the “iOS Application”). You agree that Apple Inc. (“Apple”) is not responsible in any way for the iOS Application, including without limitation for any maintenance or support for the iOS Application, and is not a party to this Agreement, which is between you and Humanify only. You and Humanify acknowledge that Apple and its subsidiaries are, however, third party beneficiaries of this Agreement and will have the right to enforce this Agreement against you as third-party beneficiaries. This Agreement is concluded between Humanify and you only, and not Apple. Humanify, and not Apple, is solely responsible for the iOS Application and its content.
Limited License. If you are using a compatible iOS-capable device, Humanify hereby grants to you a non-transferable, worldwide, non-exclusive, limited license to download, install and/or use the object code version of the iOS Application solely on that device. All rights not expressly granted in this Agreement are reserved by Humanify and its licensors.
Humanify’s goal is to resolve any dispute between you and Humanify quickly and cost-effectively. Accordingly, you and we agree that we will resolve any problem that arises in accordance with this section. Before resorting to these alternatives, you agree to first contact us directly to try to resolve the problem.
Law and Forum for Disputes. This Agreement is governed in all respects by the laws of India and the jurisdiction of Mumbai courts. Any cause of action you may have with respect to the Platform must be commenced within 180 days after it arises, or the cause of action is barred.
Improperly Filed Claims. Should you file a claim contrary to this section entitled “Resolution of Disputes,” we will be entitled to recover attorneys’ fees and costs, provided that we have notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.
This Agreement will become effective when you accept it electronically, and will continue until your account is terminated by you or us. Also, either party may terminate this Agreement by notifying the other party.
We may issue a warning, or temporarily suspend, indefinitely suspend or terminate your account or participation on a Project, for any reason, including if: (a) you breach any terms and conditions of this Agreement or the information incorporated herein by reference, including our written policies and procedures posted on the Platform or linked here; (b) we suspect or become aware that you have provided false or misleading information to us; (c) we believe in our sole discretion that your actions may cause legal liability for you, Humanify or other Platform users or are contrary to the interests of the Platform; or (d) you breach the letter or spirit of any Researcher terms and conditions for a Project in which you participate. Once indefinitely suspended or terminated, you may not continue to use the Platform. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
When your account is terminated for any reason, you may no longer have access to data, messages, files and other material you placed on Platform. That material may be deleted by Humanify. Even after this Agreement is terminated, any provisions of this Agreement, which by their express language or by their context are intended to survive the termination of this Agreement (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, ownership of intellectual property and data), will survive such termination.
The Platform and all content on the Platform are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.
IN NO EVENT SHALL Humanify OR RESEARCHERS WHO OFFER Projects BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF Humanify OR A RESEARCHER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THIS INCLUDES, BUT IS NOT LIMITED TO, NOT BEING LIABLE FOR ANY DAMAGES RELATED TO UPLOADING, DOWNLOADING OR RUNNING MOBILE OR OTHER APPLICATIONS, INCLUDING POOR PERFORMANCE ISSUES, “CRASHES” IN OPERATING SYSTEMS, INTERRUPTION OR DENIAL OF SERVICE, LOSS OF DATA, OR ANY OTHER ADVERSE EFFECT TO YOU AS A RESULT OF USING THE PLATFORM OTHER THAN THAT WHICH IS DUE TO OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF Humanify OR AN APPLICABLE RESEARCHER TO YOU, A Respondent, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY USE OF THE PLATFORM SHALL BE LIMITED TO THE TOTAL COMPENSATION PAID TO YOU OVER THE PREVIOUS TWELVE (12) MONTHS PRIOR TO THE DATE WHEN THE CLAIM AROSE.
You agree to defend, hold harmless and indemnify Humanify, its affiliates and their respective partners, employees and agents and, as applicable, Researchers from and against any and all losses, costs, expenses, damages or other liabilities, including attorneys’ fees, arising from a third party against any of those indemnified parties related to: (a) your use of the Platform; (b) any breach of contract or other claims made by Researchers with which you conducted business through the Platform; (c) your breach of any provision of this Agreement (d) any liability arising from the tax treatment of payments or any portion thereof; or (e) bodily injury or death of any person or damage or destruction to real and/or tangible personal property, to the extent directly, indirectly or proximately caused by your poor judgment, illegal acts or negligent or willful acts or ommissions. We will be entitled to participate in any defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
We will communicate with you by email or phone or by posting communications on the Platform. You consent to receive communications from us electronically. You will be considered to have received a communication when we send it to the email address or mobile phone number you have provided to Humanify, or when we post such communication on the Platform. You must keep your email address and mobile phone number updated on the Platform, and you must regularly check the Platform for postings. If you fail to respond to an email or text or whatsapp message from Humanify regarding a violation, dispute or complaint within two business days, we have the right to terminate or suspend your Projects or your account.
All notices to Humanify intended to have a legal effect concerning this Agreement or the Platform must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following postal address and email address:
Humanify, Technologies Pvt Ltd
A55, Nandjyot Industrial Estate
Safed Pool, Saki Naka, Andheri (E), Mumbai
Any delay in performance caused by conditions beyond the reasonable control of the performing party is not a breach of the Agreement. The time for performance will be extended for a period equal to the duration of the conditions preventing performance.
We will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorised representative. No delay or omission by Humanify in exercising rights or remedies will impair any rights or be construed as a waiver.
You will not transfer, assign or delegate your rights or obligations (including your account) under this Agreement to anyone without our express written permission. We may assign this Agreement in our sole discretion.
This Agreement, together with any other legal notices and agreements published via the Platform, will constitute the entire agreement between you and Humanify concerning the Platform. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
The Platform is controlled and operated from its facilities in India. We make no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations.
Neither you nor Humanify will be responsible for the failure to perform or any delay in performance of any obligation in this Agreement due to any conditions beyond the reasonable control of such party. The time for performance will be extended by the period of such delay.
The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement supersedes all prior agreements between the parties regarding the subject matter contained herein.
Researchers are intended third party beneficiaries of this Agreement as it pertains to your obligations under this Agreement, and will have the right to enforce this Agreement directly against you in their own names or jointly with Humanify.
If you have a question or complaint regarding the Platform, please send a communication to the postal address and the e-mail address listed below.
Humanify, Technologies Pvt Ltd
A55, Nandjyot Industrial Estate
Safed Pool, Saki Naka, Andheri (E), Mumbai