Terms & Conditions
TERMS AND CONDITIONS FOR THE USE OF the audisense App (“THE APP”) AND THE SERVICES MADE AVAILABLE ON OUR WEBSITE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BY DOWNLOADING THE APP AND/OR ACCESSING THE SERVICES ON OUR WEBSITES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT BUY THE APP OR ACCESS THE SERVICES.
Who we are and what these terms and conditions do
We are Audisense Limited (“Audisense”), an Irish company, located at The Digital Exchange, Crane Street, Dublin 8, Ireland (referred to as "we" or "us" or "Audisense" in these Terms). Our company registration number is 565769.
We are an independent market research and analytics company. We provide a multiple-channel platform which identifies and analyses audience media consuming habits on Radio and TV (what we call “content consumption”). We provide this content consumption information (including content consumption trends, extrapolated from the data) to Advertisers, Media Owners and Agencies. Our platform includes the passive metering App and our websites (www.audisense.com). We offer incentives to our users in return for allowing us to collect and processing their content consumption information.
The purpose of these terms is to govern how you, a user of our App and/or our website and a person providing us with information via the App and/or website about your content consumption, may use the App and the website. In these terms, we refer to you as “you”, “your” and/or “customer”.
Specifically, under these terms, we license you to use:
audisense v1.0 mobile application software, the data supplied with the software, (the App) and any updates or supplements to it,
Any related online or electronic documentation, if applicable (the Documentation),
The service you connect to via the App and/or the website (www.audisense.com) and the content we provide to you through it (the Service(s)),
as permitted in these terms.
How the Website and App actually works to collect your content consumption information
You are invited to register your details with us via the registration form on our website (the “Join” section of our website). Your registration is verified via the email address you provide to us when you fill in our web form. You are then invited to download the App. Your participation in our content consumption collection may be as a member of a panel of people.
When you download the App to your mobile device, for the App to work, you must switch on the microphone on the device. We do not record the content and no conversation or background noise is detected by the App so your privacy is assured. The App simply “identifies” the audio in real time. The App can detect the media channel, the length of consumption time of the content and the programme/content itself, and it transmits this information back to us. Once the microphone is switched on, and using our audio fingerprinting technology that is contained in the App, the App can “listen to”, detect and identify what media content (i.e. television or radio broadcasts, online media, social media or mobile media content) that you are viewing or listening to and/or what media content is turned on in the vicinity of the device’s microphone and is detectible by the microphone. We then process this information, including by collating it into a collective, anonymised format for transmission to our customers, including brands, marketing and advertising agencies and to media companies. We also collate the data into anonymised format in order to identify trends.
Your incentives to download and use the App and Services and to provide us with your content consumption information
We recruit, manage and incentivise panels for downloading the App with a monthly voucher, details of which are made available to you on our website and/or when you use the App.
Incentive schemes may not operate for any trials involving the App and/or any such incentive schemes may be at the discretion of third party providers of the rewards/incentives.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
App store’s terms also apply
If you have downloaded our App from an App store, then the ways in which you can use the App and Documentation may also be controlled by the relevant App Store’s rules and policies and these rules and policies will apply instead of these terms where there are differences between the two.
Operating system requirements
The App requires an iOS or Android device.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.audisense.ie.
Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at email@example.com.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto your iOS or Android devices and view, use and display the App and the Service on such devices for your personal purposes only.
use any Documentation to support your permitted use of the App and the Service.
provided you comply with these terms, make copies of the App and Documentation for back-up purposes; and
receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
You must be 15 to accept these terms and buy the app
You must be 15 or over to accept these terms, register with us, use our website, use the Services and download the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. We encourage you to check for any changes to these Terms on a regular basis.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
Certain Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on the Device.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
except in the course of permitted sharing (see "HOW YOU MAY USE THE APP") not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation or Services, except as part of the normal use of the App, our website or Services or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 81, 82 and 83 of the (Irish) Copyright and Related Rights Act 2000 (as amended)) such actions cannot be prohibited because they are necessary to decompile the App or Services to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system or do anything to tamper with, manipulate or render inaccurate any information that is communicated to us via the App or the Services;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not infringe anyone’s data protection or privacy rights in relation to your use of the App or any Service, including by the submission of any data (to the extent that such use is not licensed by these terms or for which you do not have the relevant person’s consent);
not transmit any material or communication that is unlawful, defamatory, offensive, harmful, bullying, which constitutes intimidation or harassment of any person or which is otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
If a court finds part of these terms illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by Irish law and you can bring legal proceedings in respect of or related to the terms, the App, the Documentation and/or the Services in the Irish courts.