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Presto Mobile Surveys

Terms of Service

January 9, 2017

The following document describes the terms of service of Presto Mobile Surveys/Presto C-Sat/Presto InstaShops ("Presto").

Your use of any of Presto's services implies that you have read, understood and agreed to these terms. If you do not agree to these terms, do not use Presto.

Acceptance of Terms

The web pages and services available at prestomobilesurveys.com, prestometrics.com, prestoinstashops.com, prestomap.com and all their linked pages ("Site") are owned and operated by PrestoMetrics LLC ("PrestoMetrics", "We, "Us") and are accessed by you subject to the Terms of Service described below ("Terms").

Please read this Terms of Service Agreement ("Agreement") carefully before using this Site. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use the Site.

This Agreement constitutes the entire and only agreement between you and Presto, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site.

Presto reserves the right to change the terms of this agreement at any time. The latest Agreement will be posted on the Site. If any changes constitute a material change in the Terms (as determined by Presto), we will notify you by posting an announcement to the Site. Using the Site following notification of a material change in the Terms shall constitute your acceptance of the Terms as modified.

This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts.

The parties submit all their disputes arising out of, or in connection with, this Agreement to the exclusive jurisdiction of the Courts of the Commonwealth of Massachusetts.

Availability of Service

Presto reserves the right to suspend or discontinue the availability of the Site and/or any Service at any time at its sole discretion, without liability. Presto may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.

Your access to, or use of, this Site may be interrupted from time to time as a result of updating, maintenance or repair of the Site or its supporting hardware; equipment malfunction, or for any other reason within or outside the control of Presto. Presto does not warrantee the Site to be error-free, or secure, that defects will be corrected, or that the Site (or the server(s) on which it is hosted) or software are free of viruses or other harmful components.

Your Account

As a condition of using the Site and its Services, you are required to create an account with Presto and provide an email address, a password, and any other information we may require. The email address you provide is our primary means of contacting you, and must be valid and reachable. If your email address changes, you must update the email address on your Presto account. Your registration information must be accurate, complete and current at all times.

You are the sole authorized user of your account, and are responsible for maintaining the confidentiality of your password. Sharing your password or allowing others to use your account is a violation of our Terms of Service.

You are only allowed a single Presto Insta-Shops account. Creating a second account for any reason is a violation of our Terms of Service.

Your account may be suspended without notice for failure to comply with these Terms, or for activity that is illegal or hostile to the platform (including but not limited to hacking or hacking attempts, theft of content, attempts at reverse engineering, or misrepresentation).

Our Services are not available to children under 13 years of age.

Claiming and Completing Insta-Shops; Qualifications to Perform Insta-Shops

Mystery shops that are posted on Presto ("Insta-Shops", "shops") are made available by Presto users using the Site to offer Insta-Shops on their own behalf ("Clients") or on behalf of a Client ("Presto Providers"). Insta-Shops are made available to Presto users who complete evaluations on the Presto platform in return for payment ("Insta-Shoppers") via a map ("Presto Map") and are subject to the restrictions of our clients. When viewing an Insta-Shop on the Presto Map, you will be able to review the survey. You will also see a time limit to complete and submit the shop, from the time that you claim the shop by clicking the "Claim Shop" button. If you exceed the time limit, you will not be able to submit the shop.

The Insta-Shop's time limit does not imply that the shop location will be open until the end of the time limit. You are responsible for verifying the location's hours of operation and completing your Insta-Shop during these hours of operation.

If you are not able to complete and submit the shop within the time limit and during the shop location's hours of operation, do not claim the shop. Claiming and failing to complete a shop may affect your shopper rating and your ability to claim shops in the future.

Individual Insta-Shops may have specific qualifications or requirements, as described in the guidelines (viewable before claiming an Insta-Shop). When you accept an Insta-Shop, you agree that you meet the qualifications and will comply with requirements specified in the guidelines.

If your shop requires driving, by accepting this shop you confirm that you (or your companion) are legally able to drive to perform this task.

Presto reserves the right to inspect all metadata embedded in files that are uploaded as part of an Insta-Shop for purposes of file processing and fraud detection.

Presto captures non-personally identifiable information including the shopper's gender and birth year (entered by shopper at the time of signup) and IP address. This information may be made available to clients.

By submitting an Insta-Shop, you are attesting that you have completed the Insta-Shop requirements and that all the information is correct and complete to the best of your knowledge and ability.

Shop Acceptance and Rejection

Once an Insta-Shop has been submitted, it is reviewed by the Presto Provider or by the Client, and may be accepted, rejected, or returned to you for a revision request.

If your Insta-Shop is accepted, you will be paid using the payment method you selected at signup.

If your Insta-Shop is rejected, you will not be paid. You may appeal the rejection, but the Presto Provider/Client is not obligated to accept your appeal.

If a revision is requested, you will be given a 24-hour extension to make the requested changes to the Insta-Shop. If the Insta-Shop is not resubmitted within 24 hours, it is automatically rejected.

Data from rejected Insta-Shops is not available to the Client or Presto Provider.

Insta-Shops may be rejected for any of the following reasons:

Shops are accepted or rejected at the discretion of the entity posting the shop (Presto Provider or Client). Presto does not accept or reject shops, does not control whether shops are accepted or rejected, and does not control whether Insta-Shoppers are paid.

A Presto Provider or Client may request that an Insta-Shopper be blocked from further participation in their Insta-Shops programs. This does not affect your ability to claim shops for other Clients.

Client Confidentiality

In any mystery shopping program, it is critical to maintain client confidentiality. As an Insta-Shopper, you agree to:

Failure to maintain client confidentiality may affect your shopper rating and your ability to claim shops in the future.

Employment Status and Insta-Shop Payments

Presto is not an employment service. When performing an Insta-Shop, you are acting as an independent contractor. Presto, Presto Providers and Clients do not serve as an Employer of any Insta-Shopper. As such, Presto, Presto Providers and Clients will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Presto.

Insta-Shoppers may be asked to submit a W-9 document through a secure service so that Presto may issue a 1099-MISC form for tax filing purposes. These forms are only issued for shoppers earning $600 or more in a tax year. Regardless of the amount of your Presto earnings, you are responsible for any legal tax obligations.

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