TERMS AND CONDITIONS OF USE

Please review carefully the terms and conditions set forth below before using the uTest.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason whether it be a company or individual representing a business (collectively, a "Company"), or a tester ("Tester"). The terms "We", "Us", or "Our" refer to uTest.com (or uTest). The uTest.com web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. uTest.com may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the uTest.com web site of access constitutes your agreement to all such terms, conditions, restrictions and notices, as may be modified from time to time.

DESCRIPTION OF SERVICES; WAIVER OF CLAIMS; INDEMNITIES

uTest.com offers a wide range of tools, content, products, services, benefits, and other resources on its web site. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these Terms and Conditions of Use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part) made available on uTest.com, access to, or use of this service.

Some of the services offered at uTest.com may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content are at the User's own risk and uTest hereby disclaims any liability relating thereto. User understands and agrees to the following:

Some of the content provided at uTest.com may relate to various subjects such as information pertaining to legal matters, financial matters, technical matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that uTest.com provides should not be considered advice for professional, medical, legal, technical, or any other purpose.

uTest.com is a dynamic time-sensitive web site. As such, the information on uTest.com will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by uTest.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose. uTest hereby disclaims any liability relating thereto.

uTest.com provides unmonitored access to third-party content. uTest.com is only acting as a venue and/or portal, and accordingly disclaims any liability based on, or related to, the third-party content on uTest.com, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. uTest.com does not control nor always review the web sites to which we link from uTest.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to or from uTest.com. Accordingly, Users should not treat any link as such an endorsement or acceptance of veracity or value by uTest.

uTest.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. The User hereby acknowledges and agrees that uTest is effectively a middleman bringing Companies and Testers together for providing and receiving bug-testing services. Accordingly, uTest is not promising or committing to any specified quality standards, testing coverage, maturity, quality measurements, or results (collectively, "Quality Standards"). You hereby waive any and all legal claims against uTest in connection with such Quality Standards. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using uTest.com.

You hereby agree and acknowledge that UTest.com shall not be liable for any damages to your software/application from using the uTest.com service and your use of uTest.com is hereby conditioned upon such agreement and acknowledgement. The service is being provided on an "as-is" basis without warranties of any kind, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. By using the uTest service, Companies and Testers hereby fully indemnify uTest from and against any third-party claims (including, but not limited to, intellectual property infringement claims) relating to ownership of or use of a company's application or software being tested hereunder.

uTest reserves the right to change these Terms of Use at any time. It is the responsibility of Testers and Companies to check these Terms of Use from time to time to become aware of any such changes. In the event that uTest offers any additional or replacement services, then these Terms of Use shall apply to such additional or replacement services in the absence of any new or modified Terms of Use.

ELIGIBILITY

uTest.com shall have absolute discretion as to whether or not it accepts a particular Company or Tester for participation in the service. uTest.com's web site is available only to individuals who can form legally binding contracts under applicable law. The services of this web site are not available to minors and persons who are unauthorized to legally bind their Companies. If Users do not qualify, they cannot legally use any of uTest.com's services.

REMOVAL FROM NETWORK; ADDITIONAL LEGAL TERMS AND RESTRICTIONS

uTest.com reserves the right to terminate the participation of any Company or Tester without reason, including but not limited to any Company or Tester that uTest believes to be in violation of these Terms and Conditions. A Company's failure to pay any amounts due hereunder shall result in immediate termination of participation and uTest may additionally pursue its legal rights and remedies to the fullest extent of the law.

Companies and Testers in violation of uTest.com's Terms and Conditions will be immediately deactivated with or without prior notification. A Company or Tester found in violation of these Terms and Conditions, as determined by uTest in its sole discretion, will not receive any credit or payment from uTest as a result.

Users are prohibited from advertising their website on uTest.com. Any URL posted in a project description, or the message board, must relate to a project on uTest.com. An example of a permissible URL: User's portfolio or resume page.

General Restrictions

1. Users (Companies and Testers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the uTest.com web site or the content contained therein without the prior written permission of uTest.com.
2. Users (Companies and Testers) will not distribute unsolicited commercial messages ("spam") through User;s account.
3. Users (Companies and Testers) will not contact employers or freelancers through our site or through information gained from our site with the intent of subverting them from using our services.

Users (Companies and Testers) shall not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.

ADDITIONAL PROVISIONS APPLICABLE TO COMPANIES

A Company must either approve or decline new bugs within the earlier of (i) fifteen (15) days from receipt of such bugs from Testers, or (ii) the date that the QA project is closed (hereinafter, the "Approval Period"). A Company shall pay uTest for all bugs which are either approved during the Approval Period or which are not timely declined during the Approval Period. Company is responsible for timely analyzing, testing, approving and fixing bugs reported by Testers.

Company agrees that it shall not redistribute any of the content posted on the uTest.com website. Company shall not use its uTest.com account to post false or misleading project descriptions. Company shall not post project descriptions that are inappropriate to uTest.com's audience, viewers, or visitors, as determined by uTest.com in its sole discretion. Company shall not falsify the identity of itself or any third party. Company shall comply with all of uTest.com's specified policies.

Company represents and warrants that its content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of a third-party; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Company hereby agrees to indemnify uTest from and against any costs, expenses liabilities and fees (including legal fees) relating to any claims which result from Company's breach of the foregoing representations and warranties. By submitting content to uTest.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Testing Project; sending messages through or to uTest.com), You hereby grant to uTest.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform such content, under all Company intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of uTest.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.

Company agrees and acknowledges that uTest may share anonymous information with the high-tech community, including testing status, standards, reports regarding the amount of bugs, the number of bugs fixed and additional statistical reports regarding company's application being tested. For this purpose, uTest will not specify company's name or provide personal information relating to the Company (i.e. such as e-mail addresses, accounts or financial information), but may mention the business area which Company is in and/or the type of application/software being tested.

ADDITIONAL PROVISIONS APPLICABLE TO TESTERS

Tester shall not redistribute any of the content posted on the uTest.com website. Tester shall not falsify the identity of itself or any third party. Tester shall comply with all of uTest.com's specified policies. Tester agrees and acknowledges that uTest shall not be liable for any damage to the Tester's hardware configuration or technology environments by using the uTest service and use of the uTest service is strictly conditioned upon acceptance by Tester of such disclaimer of liability. uTest shall ONLY pay Tester for bugs reported and approved by the applicable Company and NOT for the time incurred by a Tester in analyzing bugs or time incurred for any other purpose . Fees payable to Testers are not fixed. Such fees may vary and may change in accordance with uTest's policies, as may be modified by uTest from time to time. Payment to Testers by uTest shall be made by loading the Tester's debit/credit card at the end of each calendar month. Tester acknowledges that it may take up to five (5) business days to load such debit card. There may be additional fees charged against amounts payable to Testers, including expedited load fees, lost or stolen card fees, etc. The debit card agreement is solely between the Tester and Payoneer, Inc. ("Payoneer") and Tester agrees and acknowledges that uTest shall not be deemed a party to, or liable for any costs, damages, liabilities or expenses relating to such agreement, including any issues relating to operation of a debit/credit card at a Tester's location.

Tester acknowledges and agrees that each Company shall have the right to unilaterally accept or reject a bug reported by Tester and that Tester shall not receive payment in the event of such rejection. Tester hereby agrees and acknowledges that uTest shall have no liability for any such rejections by Companies, regardless of the reason(s) for such rejections. uTest shall, in its sole discretion from time to time, determine how many times per month a Tester may dispute one or more company's rejection(s) of bug findings. Testers shall have no right to either control or influence their fee rate or feedback regarding their reputation or success.

A Tester shall not disclose information regarding the applications/software/products/releases (collectively, "Applications") which he/she is testing to other Testers, other Users, or any third-parties. Testers shall not duplicate, use, or distribute the Applications being tested to anyone else. Such Applications are provided on the uTest platform for the sole purpose of testing and reporting bugs through such platform and any other use is strictly prohibited.

In the event of any breaches of these Terms of Use, as determined by uTest in its sole discretion, uTest shall have the absolute discretion to remove a Tester from access to the services immediately and without required notification or explanation. In the event of perceived fraud by a Tester, uTest may freeze any funds deposited on a Tester's debit or credit card and shall have the right to report a Tester to the appropriate authorities.

Testers are responsible for paying their own state/local/country taxes on fees received from uTest and uTest shall not withhold any taxes and shall have no liability related thereto. Tester acknowledges that uTest may share a Tester's profile (excluding personal information), as completed by Tester, with Companies and other Testers.

Testers may be entitled to a referral commission. The referral commission payable will be the one listed on the Referrals page. If the commission rate is changed, it will only affect referrals made after the revised commission is announced. You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may also not partner with any other uTest.com User to share/transfer the commission made from your own account. Violations of these terms may result in your termination from participation of the service without credit or payment by uTest.com. uTest.com reserves the right to delay or cancel the payment of affiliate commissions if it believes the referred user will not pay the fees they were charged, since affiliate commissions are based on those fees.

PAYMENTS

uTest.com will send payments through the Payoneer service once their account balance is equal to or greater than $100. All amounts are stated in and all payments will be made in US funds. uTest.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your uTest.com account or face account termination and/or reporting by uTest to the appropriate authorities.

E-MAIL ADDRESSES

Companies and Testers agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by uTest.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose Tester (or you are a Tester chosen for) a project, and before that time you can use the message board to communicate. This applies to e-mail addresses as well as all other methods of communication, including phone, ICQ, AIM, MSN Messenger, etc.

PROVIDING CONTACT INFORMATION

You are prohibited from making direct contact with another member, unless it's for a project you have been picked for, or you (a Company) have picked a Tester for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. uTest.com provides you with message boards, which should be sufficient for this purpose.

COPYRIGHTS

No copyrighted material may be posted on uTest.com by anyone other than the original author of such material. This includes programming-related content, scripts or code which is sold or owned by the author, or graphic design content which is sold or owned by the author. Only posting sections, excerpts or examples of such content, will be permitted. A "section" or "excerpt" being no more than 10% of the original content, and "example" being a draft or demo application. This is necessary to protect the author's intellectual property rights.

LIMITATION OF LIABILITY

IN NO EVENT SHALL UTEST BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, OR FOR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OF DATA OR CONTENT ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE UTEST.COM WEBSITE; OR FOR ANY INFORMATION, SOFTWARE PRODUCTS, INFORMATION OR SERVICES PROVIDED THEREUNDER, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISPUTE RESOLUTION

These terms and conditions shall be governed by, and interpreted in accordance with, the laws of Massachusetts. The courts of Massachusetts shall have exclusive jurisdiction and venue to resolve any disputes that may arise in which uTest is a party. Any disputes between Testers and Companies remain solely between such Companies and Testers. You acknowledge and agree that uTest.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release uTest.com from any and all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, relating thereto.

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