The ART Agency Terms of Service
Last Updated May 1, 2026
Last Updated May 1, 2026
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Welcome to The ART Agency, LLC (ART, we, us or our). We operate research platforms where members (you, your or Member) can participate in surveys and related research activities (Activities) through our websites, mobile apps, and other platforms (together, the Platforms) as well as at in-person events and activations. These terms of service (the Terms) govern your use of the Platforms and participation in Activities.
By registering as a Member and participating in Activities, you agree to be bound by these Terms. If you do not agree to these Terms, you must stop using the Platforms and cease participation in the Activities immediately.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
These Terms may be amended from time to time. Updated versions will be posted on the Platforms. Continued use of the Platforms or participation in Activities after such changes take effect means you accept the revised Terms.
Participation in Activities is voluntary and does not create an employment, contractor, agency or partnership relationship between you and us. You understand and agree that:
To become a member (as applicable) or otherwise participate in a survey, you must be at least 18 years old.
You are allowed to maintain only one membership account, and it must not be shared with or accessed by others. You must ensure that all information provided during the registration process and, at all times thereafter, is accurate, complete, and up to date.
We reserve the right to request that you verify your identity through means we deem appropriate from time to time. Verifying your identity may be a condition of your continued participation in Activities. We may suspend or terminate your account if, in our reasonable opinion, any information you have provided is false, inaccurate, inconsistent, or incomplete.
You must keep your account information secure and not disclose it to any third party. If you suspect any unauthorized access to your account or any breach of security, you must notify us immediately by using the ‘submit a request’ button in our help center accessible via the Platforms.
You may receive invitations to participate in Activities in person, via email, push notifications, or other communication methods. You can choose to accept or decline any invitation.
By submitting responses or any content (User Content) through the Platforms, you grant us a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, and worldwide license to use, reproduce, analyze, modify, adapt, translate, distribute, and display such User Content in any format or media for any purpose connected with our business, including without limitation research, product and service development, marketing, analytics, artificial intelligence training and improvement, compliance, providing services to our clients (including making insights, outputs, and results available to them) and general commercial purposes.
You acknowledge that we may use User Content to train and develop AI systems, and that you may interact with AI tools during certain Activities. Any input you provide may be processed for learning or quality improvement. Further details are provided in our Privacy and Cookies Notice.
You agree that you will not use any form of AI, automation tool, script, bot, crawler, or other technological means to generate, submit, assist in generating, or submit User Content through the Platforms unless expressly permitted by us for a specific Activity. You must not scrape, extract, or otherwise access or reproduce any survey questions, answer options, or other materials available on our Platforms using automated means or for any purpose not expressly permitted by these Terms.
You acknowledge and agree that participating in Activities requires that you exercise independent judgment and that any User Content you provide is accurate (where it states facts) and genuinely held (where it states opinions).
You confirm that any User Content you provide does not contain viruses, malware or violate the rights of any third party or any applicable law or regulation.
You agree to participate in the Activities in good faith and to provide thoughtful, accurate, and considered responses. We may monitor response quality (including speed, consistency, and completeness) and reserve the right to suspend or terminate your account, if we reasonably believe your participation falls below acceptable quality standards or does not reflect genuine engagement.
We may, although we are not obliged to do so, monitor, moderate, and remove any User Content that, in our opinion, breaches these Terms. This may be conducted through automated tools and/or human review.
We reserve the right to disclose your identity to law enforcement or to any third party who reasonably asserts that User Content you submit infringes their rights.
You may choose to unsubscribe from participation in our Activities at any time via the Platforms. This will stop all emails and survey invitations and prevent further active participation, but we may continue to retain and use your data in accordance with our Privacy and Cookies Notice.
You may also permanently close your account by contacting emailing us at privacy@theartagency.com. More information about your rights in relation to your personal data can be found in our Privacy and Cookies Notice.
We reserve the right to suspend or terminate your account at our discretion if:
We may also, at our discretion, discontinue Activities or shut down the Platforms entirely.
We are not liable for any loss resulting from the termination or suspension of your account.
We do not guarantee that our site, or any information you download from our site, will be secure or free from bugs or viruses of any kind.
You are solely responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may not use our Platforms: (i) in any way that breaches any applicable local, national, or international law or regulation, or causes us to breach any applicable law or regulation; (ii) to transmit or submit any harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material; (iii) to post or submit any unsolicited advertising, promotional materials, or spam; (iv) to stalk, bully or harass any user or visitor to our site; or, (v) for any other improper or immoral purpose.
Further, you may not: (i) modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, or distribute in any way the content, materials and information made available on our site; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of our Platforms, in whole or in part; (iii) remove any proprietary notices from our site; (iv) use the site in any way that may adversely affect or corrupt our Platforms (including uploading any material that contains a virus or other malicious code) or which may cause our Platforms to be damaged or impaired in any way; (v) systematically scrape, crawl, harvest, retrieve, or otherwise gather by electronic means any data or other content from our Platforms to copy, create, acquire or compile- directly or indirectly, in single or multiple downloads- a collection compilation, database directory or similar.
All content made available on the Platforms, including but not limited to, text, images, audio, video, graphics, logos, software, and databases, is the property of ART or used under license or other lawful permission and is protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, or otherwise use any content from the Platforms without our prior written consent.
From time to time, our clients may require that certain surveys and your responses are kept confidential. Where this applies, you will be notified at the start of the survey. You agree not to disclose the content of such surveys or your responses to anyone. Any breach of this obligation will be treated as a material breach of these Terms.
We will only use your personal information as described in our Privacy and Cookies Notice and any consent pages you may encounter as you participate in our research.
We do not exclude or limit liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, or for fraud.
You agree not to use the Platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not guarantee that the Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, devices and software to access the Platforms. You should use your own virus protection software.
You agree to be responsible for any losses or damage incurred by us as a result of your breach of these Terms or misuse of the Platforms.
The Platforms may contain links to third-party websites. These links are provided for your convenience only. ART does not endorse, control, or assume responsibility for the content, privacy policies or practices of any third-party website. Accessing such websites is at your own discretion and risk.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ART’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement and counter-notices should be delivered via email to privacy@theartagency.com. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances.
ART publishes information on its Site as a convenience to its visitors. While ART attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. ART does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PLATFORMS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ART DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE PLATFORMS, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, PRDOUCTS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ART DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE MATERIALS AND CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ART MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORMS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.
ART makes no warranties of any kind regarding any sites not controlled by ART to which you may be directed or hyperlinked from the Platforms. Hyperlinks are included solely for your convenience, and ART makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by ART. ART does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Platforms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ART, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE ORDER, RECEIPT OR USE OF ANY PLATFORMS OR THE MATERIALS AND CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE PLATFORMS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ART OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ART AND THE OTHER ART PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE PLATFORMS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE ART AND THE OTHER ART PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
You agree to indemnify and hold ART, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Platforms, your violation of these Terms or the posting or transmission of any materials on or through the Platforms by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse ART, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by ART (or such other indemnitee) in connection with the foregoing indemnity.
THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND ART ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, ART’S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO CONFLICTS OF LAW.
YOU AND ART ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND THE ART AGENCY, LLC its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “ART Parties”) arising from or relating in any way to your use of the Platforms, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), ART’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable) in Las Vegas, Nevada. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR ART OR THE ART PARTIES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that ART or the ART Parties will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and the ART Parties waive any right to a jury trial. Moreover, each of you and ART and the ART Parties both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
