PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BY DOWNLOADING, ACCESSING AND USING THE NIQ SPACEMAN MOBILE APPLICATION YOU ACKNOWLEDGE AND AGREE TO THE TERMS BELOW.
Effective: September 2023
Nielsen Consumer LLC, with a principal place of business at 200 West Jackson Boulevard Chicago, Illinois 60606 and/or its applicable affiliate (“NielsenIQ” or “NIQ”), grants you the right to use this NIQ Spaceman Mobile application (the “App” or “Application”) and consents to you downloading, accessing and using the App on an eligible mobile or other device(s) under these terms and conditions (“Terms”). The App is available solely for use by authorized employees or contractors of NielsenIQ clients that have separately licensed the Spaceman Mobile solution and related services (“Services”) from NielsenIQ under separate written agreement (each, a “Client”) and only for such authorized Client user(s) that have received a Client-assigned code to login to the App. The App will enable an authorized Client user to access the NIQ Spaceman Mobile solution and related Services via such Client user’s mobile device solely for the purpose of accessing the applicable licensed Services for authorized Client business purposes only (the “Purpose”). You agree, in addition to these Terms, that your use of the App is subject to the terms and conditions of the service agreement(s) or other agreement(s) between your employer (the applicable NIQ Client) and the applicable NielsenIQ company, under which the Client is licensed to receive and use the Services. In the event that a conflict exists between these Terms and the aforementioned agreement(s), such agreement(s) will take precedence with respect to Client and your use of the App. NielsenIQ may revise these Terms, in whole or in part, at any time in its sole discretion and will post such Terms, and your access to and continued use of the App and Services will be subject to the revised Terms. By downloading, accessing and using the App, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you must immediately cease accessing or using the App.
Use. An authorized Client user of the App may download and install the App on one or more eligible mobile devices which such user or Client owns or has the right to use solely for the Purpose. You and Client are fully responsible for maintaining the confidentiality and ensuring proper authorized use of, and for any activity that occurs, under or through an account set up with the App. You may not share your password with any third parties and you agree to use the App only for the Purpose. The account may not be registered using false personal information or created through unauthorized means or for anyone other than the authorized Client user. In using the App, you may not modify, distribute, republish, post, upload, transmit, decompile, reverse engineer or copy any part of the App. If you stop working for or providing services to Client you must delete this App from your device(s) and stop using this App. NielsenIQ reserves the right to disable your access to this App if you have failed to comply with any provision of these Terms or the Client service agreement(s) for Spaceman Mobile with the applicable NielsenIQ company, or if Client’s license to the Services is terminated for any reason.
Confidentiality and Proprietary Rights. The software in the App is owned by C&S Software sp. z o. o. under license to NielsenIQ for use and limited redistribution as an authorized reseller and sub-licensor. NielsenIQ and its licensor shall have sole and exclusive ownership of all right, title, and interest in and to the App and all copies thereof (including ownership of all copyrights and other intellectual property rights pertaining thereto) and information accessed therewith. All the information, materials, data, images, graphics, sounds and any other components in the App or accessed through the App, excluding any Client data or information (“Content”) are protected by U.S. and international intellectual property laws and are owned or controlled by NielsenIQ and/or its licensors. NielsenIQ and/or its licensors reserves all right, title and interest in the App and such Content. All Content is the confidential and proprietary information of NielsenIQ and/or its licensors (“Confidential Information”). In addition to any other confidentiality obligations under any service agreement(s) between Client and NielsenIQ, you shall keep all Confidential Information in strict confidence; protect it with a reasonable degree of care; and not disclose or permit it to be disclosed to anyone. NIELSEN and NIELSENIQ are trademarks of The Nielsen Company (US), LLC in the United States of America and other countries under license for use to NielsenIQ.
DISCLAIMER. THE APP IS PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF APP OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE USE OF THE APP IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER NIELSENIQ NOR ANY OF ITS AFFILIATES, LICENSORS OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION AND RELATED SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY ERRORS THAT MAY OCCUR IN THE APP OR DAMAGES RELATED TO LOSS OF DATA OR PROFITS OR DAMAGE TO THE DEVICE.
Network Charges. Use of the App may involve the use of a wireless data service. You understand and agree that NielsenIQ is not responsible for any data access charges that may be imposed by your wireless data service provider when using the data service. You are responsible for any and all costs related to the use of the mobile device, unless otherwise expressly agreed in writing by NielsenIQ.
Miscellaneous. These terms are governed by the laws of the State of New York, USA. Any dispute that cannot be amicably resolved concerning or arising from these Terms or use of the App shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the State of New York, USA. If a provision of these Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of these Terms. NielsenIQ reserves the right to terminate these Terms at any time at its sole discretion. The provisions of these Terms that are intended to survive termination shall remain valid after any termination.