Terms of Service Agreement¶
These Terms of Service Agreement are last updated on: Janunary 15, 2021
FindingFive (the “Website”, “we, “us”, or “our”) is a community-supported service (the “Services”) provided to researchers and participants in behavioral sciences. These terms and conditions of services govern the use of FindingFive and all its services provided to all users (including participants AND researchers, “user”, “you”, or “your”). By accessing the Website and using its Services, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may not, under any circumstances or for any reason, use or access this site.
1. Eligibility & Registration¶
1.1. Participant Eligibility¶
The Website is not targeted towards, nor intended for use by, anyone without the ability to give full consent to participating in a research study. By using the Website, you represent and warrant that you are capable of understanding the consent forms posted by researchers and giving full consent. If you are incapable of giving full consent on your own, you may not, under any circumstances or for any reason, use the Website. We may, in our sole discretion, terminate accounts of any participant or entity upon determination of ineligibility. We may change our eligibility criteria at any time. You are solely responsible for any consequences, of any nature, as a result of violating these eligibility criteria. FindingFive will not be liable for any loss or damage as a result of participating in a research study without the ability to give full consent on your own.
1.2. Researcher Eligibility¶
Functions related to conducting research on the Website are not targeted towards, nor intended for use by, anyone not affiliated with a fully accredited research institution or a business with its own Institutional Review Board (IRB). Individual researchers, at the time being, are NOT PERMITTED to sign up as researchers on the Website, unless they can obtain IRB approval for their studies through accredited research institutions. We may, in our sole discretion, remove researcher prvileges from any account upon determination of ineligibility. We may change our eligibility criteria at any time. You are solely responsible for any consequences, of any nature, as a result of falsely representing your researcher eligibility.
To sign up for the Services, you must register for an account on the Website (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) use as your own identity any information of another person or organization with the intent to impersonate that person or organization; (ii) use any information subject to any rights of a person or organization other than you without appropriate authorization; or (iii) use, as a username or part of your account information, expressions that are otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You (or your authorized agents) must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You agree to provide accurate information in your registration and not to share your password with third parties. You agree to notify FindingFive promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. FindingFive WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
1.4.1. Involuntary Closure¶
We may, in our sole discretion, terminate accounts of any user for any reason (e.g., if we determine that there has been a violation of this Policy or that a user has participated in fraudulent or illegal activity on the platform).
In the case that a researcher’s account is terminated, FindingFive reserves the right to use any remaining account balance and charge additional fees (if necessary) to pay off debts incurred by the researcher’s improper use of FindingFive (e.g., fees associated with fraudulent transactions).
1.4.2. Voluntary Closure¶
Participants who want to close their FindingFive accounts should first make sure that all payments have been processed and successfully credited to their PayPal accounts and then submit an account closure request to email@example.com. Please note that, by submitting an account closure request, participants forfeit any right to unclaimed payments associated with that account. Upon account closure, a participant’s profile and accompanying personal information are removed completely from our system. However, de-identified data provided during the course of a study will remain accessible to researchers for research purposes.
Researchers who want to close their FindingFive accounts should first make sure that all payments to participants have been processed and all funds withdrawn and then submit an account closure request to firstname.lastname@example.org.
For the purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services by us and users.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (including both participants and researchers; collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content (such as materials used in a research study), accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
2.3. Ownership and Rights¶
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services or for all academic purposes. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services or academia-related activities is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid license to use, aggregate, reproduce, analyze, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Content and User Content generated through user submission to the Website and user activity on the Website, in connection with the Website, the Services and our businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services.
The foregoing license granted to us does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
2.4. Intellectual Property¶
Except for rights expressly granted under these Terms of Service, the Intellectual Property rights of any original User Content developed on our Services by you, including any and all original parts of research studies, shall belong to you or the original developer of such content. Using our Services does not transfer any of your Intellectual Property rights to us.
Any Intellectual Property developed solely by us without the participation of our Users, including without limitation any tutorial content, research studies for demonstration purposes, documentation for describing the features and functions our Services, shall remain our sole and exclusive property.
3. Rules of Conduct¶
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of the activities associated with your account in connection with the Services.
3.1. Researcher Duties¶
You agree that, as a researcher conducting behavioral studies on FindingFive, you will not distribute, post, store, link, or otherwise traffic in Content, information, or materials on or through the Services that (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of participants’ privacy and well-being, tortious, offensive, profane, contain or depict pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know are false, misleading, untruthful or inaccurate, (iii) constitute unauthorized or unsolicited advertising, (iv) impersonate any person or entity, or (v) include anyone’s identification documents or sensitive financial information.
You further agree that, as a researcher conducting behavioral studies on FindingFive, you will only post research studies that are approved by the Institutional Review Board (IRB) at your home institution, each of which must be accompanied with a consent form displaying evidence of valid IRB approval. Studies posted without IRB approval will be immediately banned upon discovery, and all participant data collected from such studies will be irrevocably deleted. We reserve the right to report such incidents violating these rules to your home institution solely at our discretion.
3.2. Participant Duties¶
You agree that, as a participant in behavioral studies on FindingFive, you will not distribute, post, store, link, or otherwise traffic in Content, information, or materials on or through the Services that (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of researchers’ privacy and well-being, tortious, offensive, profane, contain or depict pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know are false, misleading, untruthful or inaccurate, (iii) constitute unauthorized or unsolicited advertising, (iv) impersonate any person or entity, or (v) include anyone’s identification documents or sensitive financial information.
You further agree that, as a participant in behavioral studies on FindingFive, you will NOT purposefully mislead researchers by providing inaccurate, untruthful, irresponsible information and responses in your participant profile and during the course of any research study. We may, in our sole discretion, terminate accounts of any participant upon determination of violation of participant duties.
3.3. General Rules of Conduct¶
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (v) harvest or scrape any Content from the Services; or (vi) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
3.3. Notice on Duplicate Accounts¶
Individual users are prohibited from setting up more than one account. In the event that we discover a user has more than one account, we reserve the right to take punitive action such as removing the duplicate account or banning the user from any future use of FindingFive. Punitive action is especially likely if it is determined that the duplicate account(s) were created for the purpose of deceiving us or others for monetary gain. Users who violate the terms of service by creating one or more duplicate accounts forfeit any right to earnings associated with these accounts.
If we determine that a participant has participated in a study more than once using a duplicate account, we will email the researcher running the study and alert them to this issue. The researcher will be given the option to mark duplicate entries as non-downloadable data.
4. Payment Policies¶
This section describes policies governing the usage of our participant payment system in studies offering cash compensation. We may modify this section at any time by posting a revised version on the FindingFive website. Activity that violates these policies may result in actions such as terminating or suspending your account, blocking transactions, or withholding funds.
4.1. Researchers Offering Participants Payment via FindingFive¶
4.1.1. Regarding Payment Methods¶
FindingFive accepts payments for participants from the FindingFive participant pool using PayPal. Transactions conducted through PayPal are subject to PayPal’s terms and conditions. FindingFive does not collect or keep a record of your credit card or bank account details.
Researchers who wish to load their FindingFive account for use of participant payments will be required to pay in advance through PayPal with a major credit or debit card (e.g., Visa, Mastercard, Discover, American Express) or a PayPal account. To begin a study session with integrated payment, researchers must have the requisite funds in their FindingFive account to be able to pay participants and cover our fees, as estimated by the study cost calculator. When a new study session is scheduled, these funds will be removed from the researcher’s account and held for participant payment. Participants who complete the study will be automatically paid out of this amount. Researchers are responsible for loading money into FindingFive. FindingFive will not become involved in any issues between researchers and credit card companies.
Funds transferred to a researcher’s account will be held in trust by FindingFive until they are applied towards study costs or returned to the researcher. By use of our payment system, researchers forfeit any right to interest accrued on funds held by FindingFive.
A 15% flat rate or $0.75 per participant (whichever is greater) fee will be charged per session. These fees allow us to keep our payment system running, including by covering the costs of PayPal deposit charges for making payments to participants.
FindingFive reserves the right to change, modify, or add to our fees for any reason, in which case we will provide advance notice of at least 30 days. Fee changes will not apply retroactively to study sessions that are already launched and active.
4.1.4. Payments to Participants¶
When a participant submits a study for payment (meaning that they complete all phases of the study and make it to the final submission screen), they will automatically be approved for payment, which will be sent to their profile email as a PayPal payment the next day. Compensation received for multiple studies completed on the same day may be sent as a single payment to participants.
The same 15% flat rate or $0.75 per participant (whichever is greater) fee will also apply when granting bonuses to participants. Fees are calculated per transaction. Bonuses may be granted on a case-by-case basis using multiple transactions or to multiple participants within a single transaction. Bonuses can be scheduled for next-day payment or to be paid out twice monthly. In either case, all bonuses will be added to and reflected in the credit balance of a participant before being paid out.
4.1.6. Excess Balance and Refunds¶
If fewer participants complete a study than the number of participants requested by a researcher, the difference in the amount initially charged at the launch of a study and the actual cost will be returned to the researcher’s account balance within 24 hours. Any account balance can be applied towards future study costs. Researchers can also request a refund by contacting our researcher support team (email@example.com) and we will issue a refund in the amount of the researcher’s account balance to their original payment method within 3-5 business days, minus a fee of $.50 USD to cover the cost of the transaction. Please note that this fee is for each refund transaction. If the refund requires more than one transaction, each additional transaction will also result in a $.50 USD fee.
4.1.7. Dormant Accounts¶
Unused funds on accounts that have been inactive for a period of 18 months will be returned to the researcher’s original payment method whenever possible, minus a 3% transaction fee to offset the cost of returning the payment. If the payment does not successfully transfer (e.g., the original payment method has expired or is no longer valid), then the researcher’s account will be frozen until they provide a valid payment method to receive the funds. Each attempt to return the funds will result in the 3% fee.
4.1.8. Study Completion, Technical Issues, and Partial or Incomplete Responses¶
FindingFive will not be responsible for any technical issues resulting from participants using a non-preferred browser, study programming errors, computer crashes, or any other technical issues leading to participants losing connection to the study at any point during participation. However, FindingFive will record participation statistics, including the amount of time each participant spends on a study, regardless of whether or not they complete it. This information, if requested when launching a new session, will be available to researchers for monitoring cases of partial or incomplete responses intentionally or incidentally submitted by a participant. Researchers are entirely responsible for determining whether to offer partial payment to participants who submit partial responses due to any technical issues.
FindingFive will not be involved in resolving disputes between researchers and participants over claims of a study crashing during participation.
4.1.9. Rejection of Payments¶
Rejection of participant work on the basis of quality is not permitted on our Services. Researchers may decide to exclude certain participants’ work from analysis, but they still must be paid. Payment of participants will be automatic; researchers are not required to approve participant work for payment. Researchers may terminate a research study at any time, but terminating a study does not mean that researchers will not have to pay participants who have submitted studies for payment. We will still issue payments to those participants.
4.1.10. Compensation Rate¶
We encourage all researchers on our Services to adhere to a minimum pay standard corresponding with the current USA federal minimum wage (July 2020: USD $7.25). We expect researchers to calculate their payments based on the expected average completion time of their study.
We will monitor the average completion time for participants taking a study and will assess whether or not researchers are following the minimum wage pay standard based on this average completion time. If we discover that a study or researcher is underestimating the average completion time or setting an advertised payment below the FindingFive minimum wage guideline, we reserve the right to temporarily disable the study. Researchers who continually underpay participants and advertise studies with rates below the pay standard will have their accounts suspended temporarily until they show good intentions in agreeing to pay participants at the federal minimum wage rate.
Should there be any disputes regarding payments, researchers should make reasonable efforts to resolve these disputes through direct contact with the participant.
If a mutually agreeable solution is not possible, we may, but is not obligated to, assist in negotiating an acceptable agreement. If a mutually acceptable agreement cannot be reached within 30 days after our intervention has initiated, we reserve the right to make the final decision, which may require researchers to issue additional payment to participants. Researchers agree to abide by such final decisions in all cases. Repeated and excessive complaints about a researcher may lead to suspension of their accounts on our Services.
4.1.12. Act of God¶
In the case of situations beyond our control (e.g., natural disasters) that interfere with the processing of a transaction, FindingFive may, at any time, without liability, and in our sole discretion, stop or delay all transactions.
4.2. Participants Receiving Payments via FindingFive¶
4.2.1. Reward Payments¶
For studies offering cash compensation, participation reward is always automatically granted to participants upon completion of the study. Participation reward will be sent to participants’ profile email addresses as a PayPal payment one day after the completion of a study. Compensation received from multiple studies, if completed on the same day, may be sent as a single payment.
4.2.2. Questions and Concerns¶
All questions or concerns about payment for participation in a study must be directed to the specific researcher or research team responsible for the study. We will not moderate any disputes between participants and researchers regarding payment amount, processing, distribution, or any other payment related concerns.
Participants may also report the study to us by submitting a complaint to our participant support team. Such complaints will be investigated by us only for the purpose of preventing a similar incident from happening in the future. We will not become involved in mitigating issues of fair payment for ongoing or past studies.
4.2.3. Study Completion, Technical Issues, and Partial or Incomplete Responses¶
FindingFive will record participant statistics during a study, including the length of time spent before an intentional or unintentional departure from the study. This information will be used to monitor cases of partial or incomplete responses submitted by a participant and may be available to researchers in order to evaluate the quality of participation. Partial payment options are entirely dependent upon the researcher hosting the study. Participants will need to communicate with the researcher in cases of partial or incomplete responses. FindingFive will not be involved in directing individual researcher policies about partial payment or in settling disputes over payment in cases of technical issues during the study.
4.2.4. Tax Information¶
Currently, the maximum amount that participants may earn per tax year is $600. Once a participant’s account reaches $600 in a given tax year, they will be unable to participate in further studies. Please note that participants are responsible for reporting any income to tax authorities.
4.2.5. Payment Problems and Dormant Accounts¶
If a participant mistakenly provides an inaccurate email address, resulting in an undeliverable payment, PayPal will automatically return the funds to FindingFive after 30 days. Participants should contact us after this period, and we will return the payment to their account, minus a fee of $.50 USD to cover the cost of the transaction.
If a participant mistakenly provides an inaccurate email address that belongs to an unintended recipient, FindingFive will not be able to prevent the unintended recipient from claiming the payment. If the unintended recipient does not claim the PayPal payment, it will be returned to FindingFive after 30 days. Participants should contact us after this period, and we will re-send the payment to a corrected email address, minus a fee of $.50 USD to cover the cost of the transaction. If the unintended recipient claims the PayPal payment, then the participant will not be able to recover this payment in any way.
Participant accounts that are inactive for a period of 18 months will be frozen until the participant signs in again with correct credentials. All funds remaining in the account, if any, will be available upon reactivation of the account.
4.2.6. Act of God¶
In the case of situations beyond our control (e.g., natural disasters) that interfere with the processing of a transaction, FindingFive may, at any time, without liability, and in our sole discretion, stop or delay all transactions.
5. Warranty Disclaimer¶
The services, including without limitation any information delivered as part of the services, and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, noninterference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our website or that the services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We do not warrant that: (i) the services will be perfectly secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements.
Your use of the services is solely at your own risk. The services contain information provided by one or more third party data providers. FindingFive does not control and is not responsible for the information provided by any such third party provider. You acknowledge and agree that neither FindingFive nor any such third party provider has any obligation to correct information about you except as required by applicable law. Information you request may not be available or may not be provided, and FindingFive has no liability for such failure. In no event will FindingFive warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, products, or services on this website. The information, products, and services available on the website may include technical inaccuracies or typographical errors. Therefore, you agree that your access to and use of our website, products, services and content are at your own risk.
6. Limitation of Liability¶
In no event shall we, nor anyone associated with FindingFive, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if FindingFive had been advised of, knew, or should have known, of the possibility thereof. User acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that FindingFive would not enter into this agreement without these limitations. User hereby waives any and all claims against FindingFive arising out of subscriber’s purchase or use of the services, or any conduct of FindingFive’s directors, officers, employees, agents or representatives. your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.
In addition, you agree that FindingFive is not responsible for any data compiled by our services and that FindingFive will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall FindingFive, or any third party provider of any component of the services or of any information delivered as part of the services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the services, content, products, the use or inability to use this website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if FindingFive is advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.
7. Governing Law¶
These terms of service shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America.