These Tester Terms & Conditions (the “Terms”) set forth the terms under which you may participate in user experience studies for Apptourage, Inc., a Delaware corporation with offices at 550 Bryant Street, San Francisco, CA, 94107, USA (“Apptourage”). By indicating your acceptance in the “I Agree” field, you agree to abide by and to be bound by these Terms. You also represent and warrant that you are 18 years of age or older. If you do not agree to these Terms or if you are under 18 years of age, do not fill in the “I Agree” field, and you will not be able to act as a Tester (as defined below) for Apptourage.
Apptourage has developed a software platform (“Site”) that enables a real person (“Customer”) to request a Test (as defined below) to be performed by another real person (“Tester”). Testers are neither employees nor agents of Apptourage, but are independent service providers using the Site to provide their services (“User Testing Services”) to Customers. The Site matches Testers to Customers who want a mobile application, website, advertisement, logo, picture, animation, video, or other digital element (the “Elements”) remotely and manually analyzed via the Internet by Testers (the “Tests”). You agree to the Tester obligations as fully set forth in the complete sections referenced below, each of which is a condition precedent to your participation as a Tester.
You are acting as an independent contractor as a Tester for Apptourage. Nothing in these Terms will be construed to make you an agent, employee or legal representative of Apptourage. You will not be entitled to any benefits and you are solely responsible for your taxes.
Apptourage’s Customers for which you complete Tests shall be considered third party beneficiaries of these Terms to the extent that any act or omission by you causes any damage or liability to any such Customer, and such Customer shall have the right to enforce any provision of these Terms.
You are responsible for having access to all of the following equipment needed to complete a Test:
You will be eligible to receive the fees displayed on the Site for completion of specific Tests (“Tester Fees”) if, and only if, you complete each Test manually from a personal PC, tablet or mobile device. If you are found to have completed tests in any other manner, including code that automatically completes Tests on the Site, you will be ineligible for Tester Fees and your account may be suspended or revoked at the sole discretion of Apptourage and its agents and assigns.
You will be eligible to receive bonus Tester Fees for referrals if, and only if, you refer other real people to create an Apptourage account and complete Tests through the Site. If you are found to have created a referral on the Site to an email address under your control, or the control of another Tester that has already created an account on Apptourage, you will be ineligible for Tester Fees of any kind and your account may be suspended or revoked at the sole discretion of Apptourage and its agents and assigns.
You hereby give Apptourage permission to access the PC, tablet or mobile device from which you complete specific Tests to gather information about your participation as a Tester in such Tests, including recording your computer screen actions, screenshots, clicks, and navigational data as you perform tasks on selected Elements.
The information that may be provided to you as part of a Test is extremely confidential. You must understand that by agreeing to these Terms, you agree to keep in absolute confidence and not to disclose or discuss with anyone, even family members:
You agree to expressly disclaim Apptourage from any liability associated with your purchase or sale of stock in any of the Apptourage Customers for whom you perform User Testing. You may be privy to information that would make it illegal for you to purchase or sell stock in such Customers since you may have material, non-public information.
Unless Apptourage agrees in writing, then you:
Although Apptourage will use reasonable efforts to protect your Tester Information, we cannot guarantee the security of your data transmitted over third party networks. Any transmission is at your own risk. All Tester Information you provide to Apptourage is stored on secure servers. Any payment transactions will be encrypted using SSL technology. You are responsible for maintaining the confidentiality of any usernames or passwords associated with the Apptourage account that you use to complete Tests, and for monitoring all activity under your account. You may not disclose or share your username or password with any third parties or use them for any unauthorized purpose. You shall be deemed responsible and you agree to assume full responsibility for all activities, acts or omissions of anyone that occur under your account. If you become aware of any unauthorized use of your password or your account you agree to notify Apptourage immediately at the email address provided at the end of these Terms.
Apptourage will pay you the agreed-upon Tester Fees through PayPal upon completion of Tests and your request for payment on the Site. You agree to the following requirements and additional information:
Apptourage reserves the right in its sole discretion to deny payment to any Tester for the following reasons:
Apptourage may share the Tester Information in the following circumstances:
Apptourage may extract anonymous statistics and otherwise aggregate other non-personally identifiable information from the Tests you complete, and feature such information on our Site, and/or disclose such information to third parties for marketing or other purposes. Apptourage will take reasonable precautions to prevent such information from being downloaded from the Site, and will take commercially reasonable measures to limit use of such information to viewing only. However, you acknowledge that third parties may develop means by which they can circumvent the reasonable measures we take and download such content. In such case, Apptourage shall not be liable for such third party downloading.
“Intellectual Property” as defined herein shall mean all patent rights, copyrights, trade secret rights, trademark rights, and all other intellectual and industrial property rights of any sort throughout the world, relating to any and all discoveries, inventions (whether or not patentable), technology, results, data, videos, audio, information, concept or ideas, works of authorship, designations, designs, and/or know-how. Apptourage shall solely own all right, title and interest in and to all results of Tests performed hereunder, including the recording of computer screen actions, screenshots, clicks, and navigational data, and any conclusions and related reports made in connection with your completion of Tests under this Agreement (“Testing Results”). Apptourage shall solely own all right title and interest in and to all Intellectual Property made or conceived or reduced to practice, in whole or in part, by you under or related to this Agreement, or arising out of the activities under this Agreement, or where such Intellectual Property is in any way based on or derived from the Testing Results. You hereby assign and agree to make all assignments necessary to accomplish and perfect Apptourage’s sole ownership in all Testing Results. As necessary, you agree that you shall assist Apptourage, at Apptourage’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce and defend any interests and rights assigned.
Apptourage is the owner or the licensee of all intellectual property rights in the Site and all information and content that makeup or are available on the Site, including any logos or trademarks (the “Content”). You acknowledge that certain Content available on the Site is protected by worldwide copyright laws and treaties, and trademark, patent or other intellectual property rights of Apptourage or its licensors. Except as expressly provided herein, nothing within the Site shall be construed as conferring any license under any of Apptourage’s or its Customers’ intellectual property rights, whether by estoppel, implication, waiver or otherwise. You agree not to attempt to reverse engineer, decompile, translate, adapt, or disassemble the Site (or any part of it) or to use the Site for any purpose other than as permitted herein.
If and to the extent that you provide any suggestions, improvements, comments, requests for changes or any other ideas, recommendations or reports during your completion of Tests (hereinafter “Test Results”) with respect to any Element or your performance as a Tester, you hereby assign and agree to assign any and all rights in and to such Test Results to Apptourage for no additional consideration. Furthermore, for good and valuable consideration in the form of payments made by Apptourage to you as provided in Section 3 of these Terms, in addition to other good and valid consideration, the receipt and sufficiency of which you hereby acknowledge, you grant to Apptourage, its legal representatives, assigns, those acting under its authority, and all third party beneficiaries to these Terms (and specifically including, but not limited to, the Apptourage Customer(s) for which you perform testing services), and each of their respective heirs, successors and assigns (collectively, the “Releasees”), the unrestricted permission to copyright, exhibit, distribute, publicly perform and display, broadcast, publish, and otherwise use and exploit, pictures, videos or digital audio recordings of you and all digital information pertaining to such, in still, single, multiple, moving or video format, or in which you may be included in whole or in part, or composite, or distorted in form, or in reproductions thereof, in color or otherwise, in any and all media, whether now existing or hereafter invented (including, but not limited, to television and Internet, including, but not limited to, via streaming and/or downloads) for advertising, marketing, promotion or any other lawful purpose. You waive any rights, claims or interest you may have to control the use of your persona, image,likeness and sound in whatever media used for the above-referenced purposes and irrevocably release, discharge and hold harmless the Releasees from any and all claims, demands, suits, causes of action, damages, costs, losses, expenses and proceedings of any kind whatsoever, whether existing now or arising in the future, anywhere in the universe, that relate in any way whatsoever to the activities contemplated in this Section 4.6 and/or the Releasees’ exercise of the rights granted herein. Without limiting the foregoing, to the extent applicable to the subject matter of this Agreement, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
All rights not expressly granted by Apptourage in these Terms are reserved.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE ELEMENTS, AND ANY OTHER SOFTWARE OR CONTENT PROVIDED BY APPTOURAGE, A CUSTOMER, OR A THIRD PARTY TO YOU IS PROVIDED “AS IS.” APPTOURAGE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE FOR THE USER TESTING SERVICES, THE SITE AND ANY OTHER INTERACTION THAT YOU MAY HAVE WITH APPTOURAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPTOURAGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST REVENUE, ARISING FROM OR RELATED TO THESE TERMS, EVEN IF APPTOURAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPTOURAGE’S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE LESSER OF ONE THOUSAND DOLLARS ($1000) OR THE AMOUNT PAID OR PAYABLE TO YOU FOR PROVISION OF THE USER TESTING SERVICES.
You agree to indemnify and hold harmless Apptourage, its employees, suppliers and licensors, and Customers, their respective officers, directors, employees, agents, subsidiaries and affiliates, and each of them from any third-party claim, liability, loss, damage, cost or expense (including without limitation reasonable attorney’s fees) arising out of or related to your provision of User Testing Services, your use of the Site or any Content it contains or Software; your failure to comply with these Terms including, without limitation, your disclosure of any confidential information that is provided to you; your infringement, violation, or misappropriation of any third party rights; or any violation of applicable laws or regulations.
Apptourage reserves the right to discontinue these Terms and the services provided on the Site at any time, without notice, and without liability to you.
The following general terms shall apply:
Questions, comments and requests in relation to these Terms should be sent to email@example.com, or via regular mail to:
550 Bryant Street
San Francisco, CA 94107