Terms of Use

What about my privacy?

Eileen takes the privacy of its users very seriously. For the current Eileen Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 18 years of age; if you are a child under [13][16] years of age, please do not attempt to register for or otherwise use the Platform or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us at help@shopwitheileen.com.‍

What are the basics of using Eileen?

You may be required to sign up for an account, that has accompanying account credentials (“Eileen User ID”), and provide us with certain information or data, such as your phone number. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Eileen User ID a name that you do not have the right to use, or another person’s name or phone number with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Platform and have gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Platform for your own, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Platform, and your actions and omissions that relate to the Platform (for example, Shoppers must comply with all laws that relate to the Shopper Services (as defined below)). If your use of the Platform is prohibited by applicable laws, then you aren’t authorized to use the Platform. We can’t and won’t be responsible for your using the Platform in a way that breaks the law.

You will not share your Eileen User ID, account or password with anyone, and you must protect the security of your Eileen User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Eileen User ID and account.

What about messaging?

As part of the Platform, you may receive communications through the Platform, including messages that Eileen sends you (for example, via email or SMS). When signing up for the Platform, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Platform and providing us with your wireless number, you confirm that you want Eileen to send you information that we think may be of interest to you, which may include Eileen using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Eileen, and you represent and warrant that each person you register for the Platform or for whom you provide a wireless phone number has consented to receive communications from Eileen. You agree to indemnify and hold Eileen harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Platform?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Platform, or otherwise use or interact with the Platform, in a manner that:

• (a) infringes or violates the intellectual property rights or any other rights of anyone else (including Eileen);
• (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Eileen;
• (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• (d) jeopardizes the security of your Eileen User ID, account or anyone else’s (such as allowing someone else to log in to the Platform as you);
• (e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
• (f) violates the security of any computer network, or cracks any passwords or security encryption codes;
• (g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Platform, or any processes that run or are activated while you are not logged into the Platform, or that otherwise interfere with the proper working of the Platform (including by placing an unreasonable load on the Platform’ infrastructure);  
• (h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Platform or Content (through use of manual or automated means);
• (i) copies or stores any significant portion of the Content; or
• (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Platform.

A violation of any of the foregoing is grounds for termination of your right to use or access the Platform.

What are my rights in the Platform?

The materials displayed or performed or available on or through the Platform, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Platform, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Eileen's) rights.

Subject to these Terms, we grant each user of the Platform a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Platform. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Platform is expressly prohibited without prior written permission from us. You understand that Eileen owns the Platform. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Platform. The Platform may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Who is responsible for what I see and do on the Platform?

Any information or Content publicly posted or privately transmitted through the Platform is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Platform. We can’t guarantee the identity of any users with whom you interact in using the Platform and are not responsible for which users gain access to the Platform.

You are responsible for all Content you contribute, in any manner, to the Platform, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Platform may contain links or connections to third-party websites or services that are not owned or controlled by Eileen. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Eileen is not responsible for such risks.

Eileen has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Platform. In addition, Eileen will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Platform and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Platform, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on the Platform, or between users and any third party, you agree that Eileen is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Eileen, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Platform. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Eileen ever change the Platform?

We’re always trying to improve our Platform, so they may change over time. We may suspend or discontinue any part of the Platform, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Platform. We’ll try to give you notice when we make a material change to the Platform that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Platform at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

How do I receive payments for completing the Shopper Services?

Access to the Platform is free, and you may be entitled to compensation for completion of the Shopper Services. We will facilitate any “Fees” you are due from Brands through your account. Each task you elect to take on and successfully complete will show you the offered compensation and Fees for completion via the Platform.

• (a) Payment Process. We use a third-party payment processor (the “Payment Processor”) to pay you through a payment account linked to your account on the Platform (your “Payment Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use the Platform, you agree to receive Fees through the Payment Processor in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to provide Fees to your chosen, linked Payment Account. You agree to receive payment using that selected Payment Account. We reserve the right to correct any errors or mistakes that the Payment Processor makes even you have already requested or received payment.

• (b) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT ACCOUNT IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT NEITHER WE NOR ANY BRAND WILL BE RESPONSIBLE FOR ANY UNPAID COMPENSATION OR FEES DUE TO YOU IN CONNECTION WITH COMPLETION OF THE SHOPPER SERVICES.

What if I want to stop using the Platform?

You’re free to do that at any time by contacting us at help@shopwitheileen.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Platform.

Eileen is also free to terminate (or suspend access to) your use of the Platform or your account for any reason in our discretion, including your breach of these Terms. Eileen has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Brand who believes that a Shopper may be in breach of these Terms is not able to enforce these Terms against that Shopper.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at help@shopwitheileen.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about Mobile Applications?

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Specific Apple iOS Terms

These Terms apply to your use of all the Platform, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

• (a) Both you and Eileen acknowledge that the Terms are concluded between you and Eileen only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  
• (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Platform for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Platform;
• (c) You will only use the Application in connection with an Apple device that you own or control;
• (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• (f) You acknowledge and agree that Eileen, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;  
• (g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Eileen, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;  
• (i) Both you and Eileen acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
• (j) Both you and Eileen acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Can I refer other users?

From time to time Eileen may offer rewards or incentives for referring others to the Platform. For details of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Eileen nor registered users of the Platform (“Referee”). A registered user is a person or entity that already has an existing account with Eileen. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Eileen reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Eileen's discretion for any reason or for no reason whatsoever. If Eileen determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Eileen reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Eileen to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Platform or presented in connection with the special offer.

What else do I need to know?

Warranty Disclaimer.

Eileen and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Eileen and all such parties together, the “Eileen Parties”) make no representations or warranties concerning the Platform, including without limitation regarding any Content contained in or accessed through the Platform, and the Eileen Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Platform. The Eileen Parties make no representations or warranties regarding suggestions or recommendations of services or tasks made available for compensation in connection with the Platform, including any available Shopper Services. THE PLATFORM AND CONTENT ARE PROVIDED BY EILEEN (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EILEEN DOES NOT GUARANTEE THAT WHEN YOU ELECT TO REDEEM AN OFFER FROM A BRAND THAT A BRAND WILL MAINTAIN IT AS ‘ACTIVE’ FOR A PARTICULAR PERIOD OF TIME, OR THAT ANOTHER SHOPPER WON’T COMPLETE OR REDEEM IT FIRST BEFORE YOU COMPLETE IT.