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II. Provisions Applicable to Customers Any Company making use of the Site hereby acknowledges and agrees that, with respect to testing services, uTest engages Testers to evaluate and provide software testing services. No guarantee is given that any or all test artifacts, including, but not limited to, bugs, test cases, test data, test scripts, and other test artifacts implemented by uTest from time to time, (collectively, "Test Artifacts") in connection with a Company's software will be found, diagnosed, or resolved as a result of engaging Testers through the Site.
uTest may, without liability hereunder and for the purpose of testing only, provide your company’s confidential information to Testers which have entered into non-disclosure agreements with uTest. You may require, through uTest’s platform, such Testers participating in the testing of your company’s technology agrees to a non-disclosure agreement directly with uTest prior to such testing. For this purpose, confidential information shall mean any and all information which is either clearly marked as being confidential or which would be deemed confidential to a reasonable person receiving such information. Confidential information shall not include any information which (i) was in the public domain prior to disclosure, (ii) becomes part of the public domain through no wrongful act of uTest, (iii) was already known to uTest prior to such disclosure, or (iv) is independently developed by uTest without reference to such confidential information.
uTest shall retain all right, title and interest in and to its pre-existing materials, software, technologies, methodologies, and know-how, including but not limited to its proprietary software- (“SAAS”) platform which is currently accessible at the URL’s “utest.com” and my.utest.com” (collectively, “uTest IP).
uTest shall indemnify, hold harmless and defend your company, your officers, directors and employees from any and all claims, losses, demands, litigation, expenses and liabilities of every nature arising from any third-party claims that the uTest services and/or uTest IP infringe the intellectual property rights of such third-party.
Unless you notify uTest in writing, uTest may display your company name, logo and public description on the Site or in other uTest marketing materials.
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(ii) On-demand testing services for various lengths of time
(iii) Fixed Fee & On-Site Tester Services
a. Companies may purchase testing services at a fixed fee for non-recurring testing needs and non-functional testing services. These services need to be completed within the time period stated in the uTest order form or statement of work. If the company does not use the testing services within this time period, the testing services will be deemed to have been earned by uTest and the company shall have no right to a cash refund or credit. Companies may also purchase on-site tester services for a fixed hourly rate.
(iv) Apphance software
a. Customers may purchase Apphance management software. Please refer to the Apphance terms & conditions located at http://www.apphance.com/terms-of-use.
III. Provisions Applicable to All Testing Services
A Company must either accept or decline new Test Artifacts reported by Testers by the earlier of (i) the tenth (10th) day following the receipt of an applicable Test Artifacts report from Testers, or (ii) the date that the testing project cycle is closed (hereafter, the "Acceptance Period"). You agree to pay uTest for all Test Artifacts which are either approved during the Acceptance Period or which are not timely declined during the Acceptance Period (i.e. which shall be deemed to constitute acceptance by you). You are responsible for the timely analysis, testing, approving and fixing of bugs and other Test Artifacts reported by Testers.
You agree not to use your uTest.com account to post false or misleading project descriptions. You may not post project descriptions that are inappropriate for uTest's audience, viewers, or visitors, as more fully described below. uTest shall have sole discretion, in determining the appropriateness of any content posted to or available through its web site. You shall not falsify your identity or the identity of any third-party. You agree to comply with all of uTest's specified policies.
You agree and acknowledge that uTest may aggregate and share anonymous information with third parties, including data related to general testing time, standards, average number of bugs found and other Test Artifacts reported, the number of bugs fixed, and additional aggregated statistical reports regarding Companies' applications that are being or have been tested. uTest will not specify any Company's name or provide personal information relating to the Company (including e-mail addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and the type of applications or software being tested.
You agree not to solicit (other than by general advertisement), or hire, any employee or subcontractor of uTest (including, without limitation, any Tester which performs testing services for uTest) either on behalf of Your Company, or on behalf of any other company during the term of this Agreement and for a period of one year thereafter.
IV. Provisions Applicable to Security and Vulnerability Customers
1. Provisions Applicable to manual security and vulnerability test cycle performed by uTest community & security experts
In no event shall uTest be liable for any damages arising out of the penetration tests or simulated attacks performed by uTest security experts and community as part as a security and vulnerability test cycle
V. Other General Provisions Applicable to All Users
Limitations on Communication between Users
Except for communications between Companies and Testers regarding projects for which the Testers are providing testing services to the Company, You are prohibited from making direct contact or engaging in any transaction, including commercial transactions, with other Users, whether through the Site or otherwise. You agree not to post Your e-mail address, phone number, or any other method of contact outside of the Site or give any of the foregoing information to another User. Testers and Companies working together on a project shall be provided with the necessary contact information.
Your use of uTest’s services, your access to the Site Content, and your utilization of uTest’s proprietary “Software as a Service” platform (“SaaS”), are subject to export controls administered by the United States (including, but not limited to, the controls administered by the U.S. Department of Commerce’s Bureau of Industry and Security and the U.S. Department of Treasury’s Office of Foreign Assets Control). You are responsible for compliance with all applicable export control laws and regulations. Diversion contrary to U.S. or other applicable law of any Site Content, the uTest SaaS, or any Company’s software submitted for testing is prohibited. uTest services and its SaaS platform are currently prohibited for use in or export or re-export to Cuba, Iran, North Korea, Sudan, Syria, or to any country then subject to U.S. trade sanctions. By downloading or using any product from this site, or purchasing or providing any service, you are acknowledging that you have read and understood this notice and agree to comply with all applicable export control laws. This information is not intended to be a comprehensive summary of the export laws that govern the products and services.
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