Terms of Use
Please carefully review 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 including, without limitation, a company or individual representing a business that registers to have its software tested through the services offered on this website (collectively, a "Company"), or a person who registers with uTest to become a software tester ("Tester") or anyone else who accesses this website. The terms "We", "Us", or "Our" refer to uTest.com (or uTest). Your use of uTest's web site is conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. uTest may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your continued use of the uTest.com web site after any such changes constitutes your agreement to all such terms, conditions, restrictions and notices.
GENERALLY APPLICABLE TERMS AND CONDITIONS
uTest offers a wide range of content, 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.
Users do not have the right to copy, take screen shots of, distribute or post any information to blogs, news sources, or the media, to sell, or otherwise exploit for any commercial purpose (other than procuring services from or providing services to other Users of uTest.com), the services or content (in whole or in part) made available on or through uTest.com.
The User hereby acknowledges and agrees that uTest is effectively a middleman bringing Companies and Testers together in order to provide or receive bug-testing services. Accordingly, uTest makes no promises or warranties as to any specified quality standards, testing coverage, maturity, quality measurements, the general quality of services or feedback, or results provided on or through its website. You hereby waive any and all legal claims against uTest in connection with any services provided by or to you, through its web site . We expect that Users will undertake necessary precautions and practices and will use caution and common sense when using uTest.com.
uTest.com is a dynamic time-sensitive web site. As such, the information found on uTest.com or through uTest.com will be changed frequently because various Users are continually uploading and changing content found on or through our web site. 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. uTest 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. 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 or accidentally or purposefully mislabeled by a third-party, regardless of whether such third parties are with or without a legitimate business purpose. Accordingly, Users should treat any content found on or through uTest.com with caution as uTest does not endorse or make any representations as to the veracity or value of any such content.
Your use of uTest.com constitutes your acceptance of any all risks associated with your use of uTest.com. uTest hereby 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.
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.
Some of the content provided on uTest.com may relate to information regarding legal matters, financial matters, or technical matters. Any such content is 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).
You hereby agree and acknowledge that UTest.com shall not be liable for any damages to your software/application or any equipment used by you in connection with 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.
Eligibility
uTest shall have absolute discretion as to whether or not it permits a particular Company or Tester to use or access any of the contents or services available on or through its web site. uTest'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 or persons who do not have the legal authority to bind their Companies.
Removal from network; Additional legal terms and restrictions
uTest 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. Companies and Testers in violation of uTest'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, shall forfeit any right to receive payment for or a refund of any amounts due from services rendered or amounts paid for testing services. Notwithstanding the foregoing, uTest reserves its right to pursue any additional legal rights and remedies to the full extent of the law.
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 of sample works or User's 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.
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.
II PROVISIONS SPECIFIC TO COMPANIES OR TESTERS
PROVISIONS APPLICABLE TO COMPANIES
Any Company making use of uTest.com hereby agrees to comply with and acknowledges the following additional provisions: uTest functions as a middleman, connecting Companies with Testers to evaluate and bug-test the Company's software. uTest makes no representations or warranties, unless expressly provided, as to the quality of services provided by the Testers on its site. No guarantee is given that any or all bugs in a Company's software shall be found, diagnosed, or resolved as a result of engaging Testers through uTest's web site.
You agree and acknowledge that unless explicitly requested, uTest may display company name, logo and public description as part of the uTest website and / or other uTest marketing material.
MONTH TO MONTH SUBSCRIPTION
THE MINIMUM COST FOR A MONTHLY SUBSCRIPTION IS $1,000.00 (USD). MONTHLY SUBSCRIPTIONS MAY BE TERMINATED AT ANY TIME BY GIVING A THIRTY (30) DAY NOTICE TO UTEST BY MAIL OR EMAIL TO FINANCE@UTEST.COM. FEES FOR ALL OUTSANDING APPROVED BUGS WILL BE DUE UPON TERMINATION DATE. MONTHLY SUBSCRIPTION FEES ARE BILLED EACH MONTH DIRECTLY TO THE CREDIT CARD ON FILE AS OF THE SUBSCRIPTION START DATE. SUBSCRIPTION FEES CAN BE FROZEN FOR A MAXIMUM OF THREE (3) MONTHS WITHIN A GIVIN TWELVE (12) MONTH SUBSCRIPTION PERIOD. IF A COMPANY HAS REMAINING CREDITS AT THE END OF EACH TWELVE (12) MONTH ANNIVERSARY FROM SUBSCRIPTION START DATE THEN THE REMAINING CREDITS WILL BE DEEMED TO HAVE BEEN EARNED BY UTEST AND THE COMPANY SHALL HAVE NO RIGHT TO A REFUND OF SUCH CREDITS OR TO USE SUCH CREDITS FOR ANY FUTURE SOFTWARE RELEASE TESTS.
ON DEMAND TEST RELEASE
THE MINIMUM COST FOR ANY SINGLE ON DEMAND SOFTWARE TEST RELEASE IS $2,000.00 (USD). IN ORDER TO BEGIN TESTING, A COMPANY MUST "PURCHASE CREDIT" OF AT LEAST $2,000.00 (USD). IF A COMPANY HAS REMAINING CREDITS AFTER ALL OF ITS ACTIVE SOFTWARE TESTS HAVE BEEN COMPLETED AND SUCH COMPANY DOES NOT USE SUCH REMAINING CREDITS WITHIN NINETY (90) DAYS THEN THE REMAINING CREDITS WILL BE DEEMED TO HAVE BEEN EARNED BY UTEST AND THE COMPANY SHALL HAVE NO RIGHT TO A REFUND OF SUCH CREDITS OR TO USE SUCH CREDITS FOR ANY FUTURE SOFTWARE RELEASE TESTS.
A Company must either approve or decline new bugs within the earlier of (i) ten (10) days from receipt of such bugs from Testers, or (ii) the date that the QA project is closed (hereinafter, the "Approval Period"). You agree to pay uTest for all bugs which are either approved during the Approval Period or which are not timely declined during the Approval Period. You are responsible for timely analyzing, testing, approving and fixing bugs 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.com's audience, viewers, or visitors, as more fully described below. uTest.com 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 identify of any third-party. You agree to comply with all of uTest.com's specified policies.
You represent and warrant that your 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 your Company, any 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. You hereby agree to indemnify uTest from and against any costs, expenses liabilities and fees (including legal fees) relating to any claims which result from your breach of the foregoing representations and warranties. By submitting content to uTest.com (including, but not limited to creating your Account; posting a profile, posting a portfolio, posting a Testing Project; or 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 your intellectual property and proprietary rights worldwide. 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.
You agree and acknowledge that uTest may share anonymous information with the high-tech community, including data related to general testing time, standards, average number of bugs found, 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 (i.e. such as e-mail addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and/or the type of applications or software being tested.
PROVISIONS APPLICABLE TO TESTERS
You acknowledge that through your use of uTest.com you shall have access to new and developing software and information about Companies for whom you are evaluating software. As such, you acknowledge that you have an absolute duty of confidentiality regarding any applications/software/products/releases (collectively, the "Applications") which you are testing, have tested, or will test, or any information you acquire, learn of, or otherwise have awareness of as a result of your use of uTest.com. You warrant and represent that you shall not, under any circumstances, copy or attempt to copy by any means, reverse engineer or attempt to reverse engineer, take screen shots of, or otherwise inappropriately store any Applications or information found on or through this site. You agree not to disclose any such Application, data, or information to other Testers, other Users, or any third-parties whether in person, through any digital media, blogs, news sources, or any other form of communication. You agree not to 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.
YOU HEREBY INDEMNIFY UTEST.COM FROM ANY LIABILITY ASSOCIATED WITH YOUR RELEASE OF INFORMATION AND FURTHER ACKNOWLEDGE THAT YOU SHALL BE INDIVIDUALLY LIABLE TO ANY COMPANY WHOSE INFORMATION YOU IMPROPERLY DISTRIBUTE. YOU WILL BE HELD PERSONALLY RESPONSIBLE FOR ANY VIOLATIONS OF THESE TERMS AND CONDITIONS AND YOU SHALL BE PURSUED AND/OR PROSECUTED TO THE FULL EXTENT OF THE LAW FOR ANY SUCH VIOLATIONS. PRIOR TO BEGINNING WORK ON ANY PARTICULAR PROJECT, YOU SHALL VERIFY AND CERTIFY THAT YOU DO NOT WORK FOR AND ARE NOT AFFILIATED WITH ANY COMPETITOR OF THE COMPANY'S SOFTWARE THAT THE YOU EVALUATE.
You agree not to falsify the identity of yourself or any third-party. You agree to comply with all of uTest.com's specified policies. You agree and acknowledge that uTest shall not be liable for any damage to the your hardware configuration or technology environments by using the uTest service and use of the uTest service is strictly conditioned upon your acceptance of such disclaimer of liability.
uTest shall ONLY pay you for bugs reported and approved by the applicable Company and NOT for the time you incurred by analyzing bugs or time incurred for any other purpose. Further, only the FIRST Tester to identify and post a bug to the website shall be entitled to payment for identifying such bug, if such bug is itself approved. Fees payable to Testers are not fixed and may vary and may change in accordance with uTest's policies, as may be modified by uTest from time to time. Testers will be made aware of the price per bug for each project the Tester is working on, but Testers must regularly check each project as the price per bug will change depending on a variety of factors.
You acknowledge and agree that each Company shall have the right to unilaterally accept or reject a bug reported by you and that you shall not receive payment in the event of such rejection. You hereby agree and acknowledge 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.
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.
You are responsible for paying your own state/local/country taxes on fees received from uTest and, unless uTest determines that it has withholding obligations with respect to payments to be made to you, it shall not withhold any taxes and shall have no liability related thereto. If you are a U.S. resident and during a taxable year, uTest will make payments to you totaling $600 or more, prior to making any payment which will result in you having received $600 or more for such taxable year, uTest will require you to complete a Form W-9 and/or any other documentation it requires in order to comply with its withholding obligations.
You acknowledge that uTest may share a Tester's profile (excluding personal information), as completed by you, 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 with the service without any credit or payment by uTest. uTest 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 TO TESTERS
Payments to Testers by uTest shall be made one of two ways: 1) Testers with a PayPal account may register the account on uTest.com and payments will be made directly to the Tester's PayPal account at the end of each calendar month; or 2) Testers may register for a Payoneer debit card and payments will be made by loading the Tester's debit/credit card at the end of each calendar month. A Tester shall only be paid after the Tester has earned an initial $100 and thereafter, shall only be paid at the end of each calendar month if the Tester has an earned accrued balance of at least a $100. For example, if at the end of a particular month a Tester has an earned account balance of $95, no payment shall be made. However, if at the end of the following calendar month a Tester has an earned account balance of $170, the full amount shall be paid to Tester for both the current and previous month. All amounts are stated in and all payments will be made in US funds.
IT IS EACH TESTER'S RESPONSIBILITY TO EITHER REGISTER THE TESTER'S PAYPAL ACCOUNT WITH UTEST OR REGISTER FOR A PAYONEER ACCOUNT. IF, WITHIN NINETY (90) DAYS AFTER THE END OF THE FIRST CALENDAR MONTH WHERE A TESTER IS ENTITLED TO PAYMENT, THE TESTER HAS NOT REGISTERED THE TESTER'S PAYPAL ACCOUNT WITH UTEST OR REGISTERED FOR A PAYONEER ACCOUNT, THEN ANY RIGHT SUCH TESTER HAD TO RECEIVE SUCH AMOUNTS WILL BE AUTOMATICALLY FORFEITED.
It may take up to five (5) business days to load such debit card. uTest shall pay the initial start-up fee for Tester's Payoneer account and the monthly upload fee. There may be additional fees, however, charged against amounts payable to Testers, including expedited load fees, lost or stolen card fees, etc. The debit card agreement is solely between you and Payoneer, Inc. ("Payoneer") and you agree and acknowledge 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.
uTest 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 account or face account termination and/or reporting by uTest to the appropriate authorities.
III. OTHER GENERAL PROVISIONS APPLICABLE TO BOTH COMPANIES AND TESTERS
LIMITATIONS ON COMMUNICATION BETWEEN USERS
You are prohibited from making direct contact with another User, unless it is for a project you have been picked for, or you (a Company) have picked a Tester for. Companies and Testers agree not to post their e-mail address, ICQ number, phone number, or any other method of contact outside of this site or give any of the foregoing information to another User. uTest.com provides you with message boards, which should be sufficient for the purpose of non-project specific communication with other Users. Testers and Companies working together on a project shall be provided with all of one anothers' necessary contact information.
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.
Unless otherwise indicated, the information contained in this site including all images, illustrations, icons, designs and written and other materials that appear on the site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by uTest or its affiliates or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions.
Accessing the uTest.com web site does not authorize Users to use any name, logo, trademark or service mark in any manner. Permission is granted to display, download and print in hard copy format other resources of the site solely for the purposes of using the site as an internal or personal business resource. None of the resources may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied or reproduced without the prior written permission of uTest.com or the applicable owner.
Limitation of liability
EACH USER AGREES AND ACKNOWLEDGES THAT 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 uTset.com, 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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