GENERAL TERMS AND CONDITIONS
BEHAVIORAL ANALYSIS STUDY
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE MAKING ANY USE. BY USING THIS APPLICATION, YOU CONFIRM THAT YOU HAVE REACHED THE AGE OF MAJORITY AND THAT YOU HAVE READ AND ACCEPT THESE CONDITIONS. YOU WILL NOT BE ABLE TO USE THIS APPLICATION IF YOU DO NOT ACCEPT THEM.
FEELIN SA, whose registered office is located in [197 avenue de Tervueren, 1150 Brussels], registered at the Crossroads Bank for Enterprises under the number [0741.810.963] (hereinafter “FEELIN”), carries out research and development work on a technology whose main purpose is to record and analyze the user’s behavioral reactions (gaze position, smile, etc.) when viewing predefined video content, using the telephone’s front camera.
FEELIN wishes to conduct studies on audience’s emotional and behavioral reactions to video content and intends to carry out tests in which you (hereinafter the “Participant”) agree to take part according to the terms and conditions defined below.
The participant has taken note of the purpose of the tests to be carried out and has declared himself medically fit to participate.
WHEREUPON IT WAS AGREED
- Involvement of the Participant
- The Participant declares to take voluntarily part in the study carried out by FEELIN, not to suffer from medical contraindications, and undertakes to collaborate in a useful way.
- The Participant is required to register and to provide various data necessary, on the one hand, to carry out the tests and, on the other hand, for FEELIN to contact the Participant.
- The Participant must view one or more videos of a duration varying between +/- 30 seconds and 3 minutes. During these video screenings, the Participant’s face is observed and recorded to examine his or her facial and pupillary reactions.
- The video contents can be of any kind and comply with all legal provisions in force. They are of course not intended to offend the Participants. Nevertheless, as the perception of the content of a video is subjective and varies from one person to another, FEELIN is at the disposal of the Participant to hear any comments to this effect.
- FEELIN reserves the right, for its own reasons, which may be linked to the purpose and aims of the study carried out and/or to any perception problems that may arise as a result of previous exchanges with the Participant, to refuse the registration and participation of the Participant in one or more test sessions.
- The Participant declares that he has not registered any other account on the FEELIN application. Everyone can only create one unique account for his/her person. In case of lost of credentials, the Participant must contact the FEELIN representatives to retrieve access to his account.
- In order for the tests to be carried out in a compliant manner, the Participant is required to comply with the following conditions:
- He must behave in a normal and habitual manner and not feign expressions or reactions;
- He must have his face uncovered and be in a sufficiently lit environment;
- He must provide access and authorizations to the camera and the microphone of his device ;
- He must comply with all environmental conditions (brightness, absence of noise, sitting position) and system calibration which may take several minutes;
1.8. If the recording of a test does not meet the minimum quality level, FEELIN reserves the right to notify the user and suspend the account if it should come out that the loss of quality would result from a voluntary and deceptive behavior. Deceptive behavior including, but not limitative to, the following
- Stop watching the video during the recording session for a significant amount of time
- Voluntarily hide the frontal camera
Failure to comply with any of the terms hereabove will result in a violation of the present terms and conditions and will result in the termination of the services and the deactivation of the User’s account without any right to claim a compensation.
- Informed Consent
The Participant acknowledges and declares that he or she has been fully informed of the testing process and has had the opportunity to submit any questions that have come to his or her mind by email sent in advance to [firstname.lastname@example.org] and that he or she has received a satisfactory response to this effect.
FEELIN can in no way be held liable in any way whatsoever as a result of participation in the tests, including as regards the Participant’s perception.
- Assignment of image rights
Considering that the researches relates to the interpretation of facial behavior and perceptions of individuals with regard to visual content, the Participant grants FEELIN the right to store and process his or her image without reservation, for the sole purpose of carrying out these operations, without any time limit and without any other considerations or conditions other than those set out in this agreement. It is understood that the public dissemination of the collected data, images and representations, in any form whatsoever, of the Participant will never be carried out, for any reason whatsoever.
- Confidentiality commitment
- FEELIN undertakes to maintain the confidentiality of all data collected from the Participant and will take all useful and necessary measures to this end.
- The Participant undertakes not to divulge to any third party whatsoever the information and data of which it becomes aware in the context of the execution of the present agreement, being in particular, without this list being exhaustive, technical, commercial or economic information and data, business and manufacturing secrets, etc.., in any form whatsoever (knowledge, experience, know-how, method, tool design, process, prototype, specific component, software, etc.), communicated in writing, orally, visually or by any other means within the framework of the researches.
The data shall not be considered confidential within the meaning of this Agreement:
- that are in the public domain at the time of transmission, or are subsequently made known to the public through no fault of Participant ;
- that were discovered by the Participant prior to transmission by FEELIN ;
- that have been obtained by the Participant by legitimate means from sources other than FEELIN or its delegates ;
- are disclosed by the Participant with the written approval of FEELIN.
- The Participant undertakes not to disclose to any third party whatsoever the content of the videos viewed in the FEELIN application. The content of these videos remains the property of FEELIN and its customers. The reproduction, disclosure, dissemination by any means whatsoever, of the video contents offered in the FEELIN application will be liable to legal proceedings, according to the regulations of the protection of intellectual property or image rights.
FEELIN is concerned about the Participant’s privacy and declares that it is conducting this research in compliance with European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and the law of 30 July 2018 on the protection of individuals with regard to the processing of personal data.
- Intellectual and industrial property
All intellectual and industrial property rights, of any kind whatsoever, used during the sessions will remain the full and entire property of FEELIN.
- Responsibility of FEELIN
8.1. FEELIN cannot be held responsible in the following cases:
- difficulties in the operation of the application or interruption of its services beyond its control;
- momentary interruptions of the application necessary for their evolution, maintenance or update;
- failures or malfunction of the Internet network in the transmission of data, messages or documents;
- additional costs owed by the participant to his internet provider if he uses extra data during the utilization of the application.
8.2. FEELIN makes reasonable efforts to provide accurate information, which may be changed and updated without notice or notification. FEELIN, as well as any other party mentioned on the Application does not bear any responsibility and makes no explicit or implicit guarantee as to the absence of error, viruses or malfunction of the Application and/or as to the correct, reasonable, up-to-date and complete nature of the content of the Application and the pages contained therein.
FEELIN can in no way be held responsible for any direct or indirect damage in the broadest sense, which would arise from or be linked to the use of the application.
- Termination of service
9.1. You may stop using the Service at any time by closing you Account, or ceasing to use the Service.
9.2. FEELIN reserves the right in its sole discretion to cease or suspend all or any part of the Service immediately without any notice to you, if : a) you breach, or threaten of intend to breach, these Terms ; b) request by law enforcement or any government agencies, c) discontinuance or material modification to the Service, e) extended periods of inactivity, f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in FEELIN’s sole discretion and that FEELIN shall not be liable to you or any third party for any termination of your account.
Termination of your account includes any or all of the following : a) removal access to all or part of the Service, b) deletion of your password and all related information and files associated with your account, c) deletion of any credits or payment that you might have earned using FEELIN’s services.
- Partial nullity
If any clause or provision of these terms and conditions is found to be invalid or unenforceable by reason of the application of any law or rule enacted by a court of law, the terms and conditions shall not be deemed invalid.
In this case, the general terms and conditions will be interpreted as limiting the application of this clause or provision to the measures that are necessary to make the general terms and conditions valid and applicable, or insofar as the competent court considers that such a limitation cannot be implemented, this contract will be interpreted and executed as if this illegal and inapplicable clause had never been contained in the contract.
- No waiver
The fact that a Party has failed to require compliance or has neglected to comply with any of the provisions of the General Terms and Conditions does not mean that such Party has waived any of its rights under these General Terms and Conditions.
Furthermore, this occurrence will not affect the validity in whole or in part of the General Conditions and will not compromise the exercise of the Party’s right to take appropriate action.
In the event of termination or cancellation of the General Terms and Conditions, all rights and obligations arising therefrom and which, by their nature, must continue to have effect beyond the end of the contract shall remain in force and shall survive such termination or cancellation.
- Full Agreement
The Parties consider that the present general conditions are deemed to contain all their commitments, rights and obligations under the operations envisaged.
No addition or modification of this contract shall be valid unless made in writing.
- Applicable law
The signature, validity, explanation and execution of this contract shall be subject to Belgian law.
- Dispute Resolution
Any dispute relating to the validity, interpretation and/or execution of this contract that cannot be settled amicably between the Parties shall be submitted exclusively to the Courts and Tribunals of the judicial district of Brussels.