TERMS OF SERVICE

 

Last updated February 06, 2021

 

 

 

Mindshare

  • Collects registrants’ email addresses and the names used when signing up only for email correspondences and treats this information as confidential.

  • Will not sell any personally identifiable information, anonymized data, or metadata to any third party.

  • Will remove any content that admins believe may cause harm to others.

  • Does not host advertising on the platform but allows online event producers to collaborate with sponsors.

  • Can be contacted at support@mindshare.app for additional information.

 

Definitions of Terms

In order to access Mindshare (hereinafter collectively referred to as the "Service"), you agree to the following Terms and Services, including any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content").

 

“Customer” refers to individuals who request calls via Mindshare.

 

“Expert” refers to individuals who make themselves available for calls via Mindshare.

 

We reserve the right, at our sole discretion, to terminate or modify these terms of service ("Terms of Service" or the "Agreement") at any time and for any reason. We will take reasonable steps to notify you of any such changes. By using the Service, you agree to be bound by the terms of service then in effect. Do not access the Service if you do not agree to be bound by these Terms of Service.

 

Eligibility

You may use the Service only if you can form a binding contract with Theorist, Inc., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Theorist, Inc.

 

Expert Calls

Experts on the platform must be 18 years of age or older to create a public expert profile and make themselves available for video calls / interviews through Mindshare. Experts must not misrepresent themselves and exercise appropriate discretion when accepting call requests. Customers must disclose their identity to Mindshare in order to request calls, but this information is only passed on from the Mindshare system to experts for public or journalistic expert calls. Customers must not misrepresent themselves and disclose the purpose of calls in their initial request. All customers have the option of revealing their identity to experts during calls and this is encouraged when possible. All calls are recorded and video files are made available to customers following sessions to be used only for the purpose described in the call request. They are available for customers to download for 7 days before being permanently deleted. 

Debrief Calls

Customers and experts can request a debrief call with Mindshare staff to discuss insights form expert calls and, if applicable, next steps. Debrief calls are available options for early adopters, free of charge, and last up to 30 minutes.

Mindshare Interviewers

When customers prefer to observe expert calls and remain offscreen and muted, Mindshare can provide a professional interviewer / moderator to help draft a questionnaire and conduct interviews. All calls by Mindshare interviewers take place on the Mindshare platform, which allows customers to correspond with them through a private chat feature while viewing calls. All interviewers are experienced qualitative researchers with a minimum of 10 years of experience conducting expert interviews. Interviewers are available for a rate of $100 per call.

Payment

Experts set their own rates and have the option of listing them on public profiles. Because calls can vary dramatically in how they are used or the amount of preparation needed by experts, these rates are minimums. Customers can offer more when appropriate and, when a rate is not listed by a prospective expert, offer what they believe to be appropriate compensation within their budget (i.e. no counteroffers are made by experts). Experts are paid approximately 12 hours after calls via Stripe, minus the processing fee (2.9% + 30 cents) and whatever tip experts select (by percentage) to support Mindshare's development, hosting, staffing, and growth.

See additional information about expert calls via the "How Calls Work" link in the footer.

Projects

In cases when calls require experts to undertake significant preparation, such as conducting primary research, delivering presentations over video, and when calls require collaboration among multiple experts, customers can request Mindshare's assistance via the contact form at Mindshare.app. Mindshare does not charge additional fees for projects beyond the current tipping model for experts, some of whom operate in project management roles as needed. 

Call Cancelation and Refunds

Customers may cancel a scheduled call for a refund minus a 2.9% + 30 cents processing fee up to 48 hours before scheduled calls. Cancellations made by customers after this time result in a 25% cancellation charge, which is paid to the expert (minus a 2.9% + 30 cents processing fee). Experts may cancel a call free of charge at any time. Additional cancelations (2 or more) by experts will result in actions to avoid future cancelations on a case by case basis. Refunds to customers take up to 5 business days to process. Calls should only be canceled when absolutely necessary and Mindshare will work with customers and experts to reschedule calls when possible. Customers may only request refunds after expert calls in cases where the calls could not be completed for some reason (no shows, technical problems, etc.) and Mindshare will review the call video to proceed accordingly.  

 

Accounts

You may be able to view content of the Service without an account, but you must create an account to contribute to the Service's use. Your Mindshare account gives you access to the Service that we may establish and maintain from time to time and in our sole discretion. By connecting to Mindshare with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

 

You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

 

You are responsible for maintaining security and control over your account information, including email address and password. If you do not, you may lose access to your personal information and any data stored on Mindshare.

 

You are responsible for your use of the Service, for any Content you add to the Service, and for any consequences thereof. The content may be viewable by other users based on your discretion. You understand and agree that the Services are provided to you on an "as is" and "as available" basis and using them is done at your own risk.

 

Privacy

Please refer to our Privacy Policy for how the information you provide to us is used and collected. By using the Service, you agree to our storage and use of the information you provide to us. We may use this information in various ways, including but not limited to providing you with communications regarding service announcements and administrative messages.

 

Content

You are responsible for all Content added or reviewed on Mindshare. You agree not to add Content that infringes or violates someone else's rights or otherwise violates the law. You agree not to add pornographic Content or Content that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or tortuous. You agree not to add unauthorized commercial communications, commonly known as spam. You acknowledge that Theorist, Inc. may not monitor or control Content added and does not support or guarantee the accuracy of any Content. You understand that you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Theorist, Inc. will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content added, transmitted or otherwise made available via the Service. We can remove any Content you add to Mindshare and/or disable your account if we determine in our sole discretion that such action(s) is appropriate.

 

You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such Content and have the power to grant the license granted below. Theorist, Inc. reserves the right, but is not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

 

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your Content, you affirm, represent and warrant the following: Your Content and Theorist, Inc.’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Theorist, Inc. may exercise the rights to your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. To the best of your knowledge, all your Content and other information that you provide to us is truthful and accurate.

 

DMCA Notice

Theorist, Inc. respects copyright and, when applicable, fair use. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent via support@mindshare.app with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests

  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work

  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located

  • Your address, telephone number, and email address

  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Content License Grant

By posting any Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Theorist, Inc. a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Theorist, Inc.’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Theorist, Inc will not use any public content or personally identifiable information shared through the Mindshare platform outside of the platform without the express permission and consent of content creators. You hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under this Agreement. Use or re-use of public content on Mindshare by users cannot violate the copyrights of original creators.

 

End User License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Theorist, Inc. reserves all rights not expressly granted herein in the Service and Theorist, Inc. may terminate this license at any time for any reason or no reason.

 

Restrictions

In order to use our Services:

You agree to comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities; You agree not to access, tamper with, or use non-public areas of the Services, Theorist, Inc.’s computer systems, or the technical delivery systems of Theorist, Inc.’s providers; You agree to not use any process or code to damage, disable, impair, or otherwise attack Theorist, Inc or the networks connected to Mindshare; You agree not to use any process or means, whether automated or manual, to capture data of any other user of Mindshare for any reason; You agree to immediately notify us if you learn of a security breach or other illegal activity on the Services or Website; and You agree to prevent violations and enforce these Terms of Service and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you.

 

Intellectual Property

You agree not to use Theorist, Inc. trademarks, logos, domain names, and other distinctive brand features, or any confusingly similar marks, without our written permission. Any feedback, comments, or suggestions you may provide regarding Theorist, Inc. or the Service is voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you.

 

Third Parties

We have no control over third-party websites that we provide links or access to through our Service. These third-party websites are not bound by our Terms of Service or Privacy Policy. You assume all the risk and liability associated with accessing any such third-party websites, and agree to hold us harmless for any damages you incur or cause.

 

Indemnification and Limitation of Liability

You hereby agree to indemnify Theorist, Inc. from any claim or action arising from your use of the Service and Content. You also agree to indemnify Theorist, Inc for your breach of the terms set forth by third-party websites whose content is used within our Service. You agree that Theorist, Inc., its directors, employees, agents, subsidiaries, affiliates and other partners shall not be liable for any damages whatsoever resulting from your use of the Service or from the Content provided by you or others through the Service or through a third-party website.

 

Disclaimer

We provide the Service on an "as is" basis without warranties of any kind, either express or implied. There are no guarantees for the accuracy of the Content on our Service. We may, without prior notice, change the Service; stop providing the Services or Website or features of the Services or Website, to you or to users generally; or create usage limits for the Services or Website. We may permanently or temporarily terminate or suspend your access to the Services or Website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

 

No Waiver

No right set forth in these Terms of Service shall be waived or modified due to our failure to enforce or exercise such a right.

 

Severability

If any part or provision of these Terms of Service are found to be illegal or unenforceable, the remainder of the Terms of Service shall remain in effect.

 

Governing Law, Jurisdiction, and Exclusivity

Any claim relating in any way to Theorist, Inc., the use of our Services or Website or otherwise arising out of these Terms of Service shall be governed by the laws of the State of New York and its courts, without regard to its conflict of law provisions. You unconditionally submit to the exclusive personal jurisdiction of New York courts.

 

The Terms of Service and Privacy Policy are the entire and exclusive agreement between Theorist Inc. and you regarding the Services and/or Website. These Terms supersede and replace any prior agreements between Theorist, Inc. and you regarding the Services and/or Website. We may revise these Terms of Service at any time and without notice. By using Theorist, Inc. you are agreeing to be bound by the then-current version of these Terms of Use.

 

Updates to Terms of Service

By using Mindshare, you accept the Terms of Service, which may be amended as necessary. If you do not agree to these terms, please do not use Mindshare. Make sure that you are using the most Terms of Service with the most recent date.

 

Additional Information

See the other links in the footer for additional details and feel free to reach out directly if you have any questions.

 

Questions

If you have any questions about these Terms, please contact us at support@mindshare.app