Terms and Conditions for Participants
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.userstudy.com website (the "Service") operated by UXR Labs Inc ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
For purposes of providing these studies, our service matches up testers to clients who want their or another party’s website, advertisement, animation video, website search process, software, software prototype or other element, remotely analyzed via the Internet by testers. The testers may be connected to the Internet from their home, or other Internet connection facility, at their own discretion.
Registration
In order to function as a tester for UserStudy, you may need to download a software application (“UserStudy Recorder”) from our website, UserStudy (the “Website”), which will provide you with access to our testing platform, and you may also need to download other SW languages or applications if they are not already installed on your computer. By downloading the UserStudy Recorder, you hereby authorize UserStudy to access the computer on which you download the UserStudy Recorder for the express purpose of and to the extent required for your participating as a tester in the qualitative research testing services. You agree to assume full responsibility for any damage caused to your system, any programs, data or information related to or arising from such downloads or the testing services you provide.When you sign up with UserStudy to act as a tester, UserStudy will, through the registration process, collect personally identifiable information about you such as your name, contact information, PayPal account information, race, age, gender, education, employment status and hobbies, and any other information that we request and that you provide, either initially or in follow up questionnaires after registration. You agree to the collection and use of such personally identifiable information, including video images of your face and audio recordings of your voice as part of providing usability testing services. You hereby irrevocably transmit to UserStudy the exclusive and full copyright ownership of such video and audio recordings. You represent that the information you provide to UserStudy will be authentic, accurate and complete and made in accordance with UserStudy policies and procedures.In addition, UserStudy may collect details of your visits to the Websites or software we ask you to test, including, but not limited to, clickflow, traffic data, location data, weblogs, operating system, browser type, for the purpose of system administration and fraud prevention.
Rewards
Upon completing a Test, you may be entitled to receive a payment, a gift card, points or other rewards (“Rewards”). In advance of each Test, you will be informed through the Platform or directly if completion of the Test entitles you to a Reward.You are responsible for determining any tax liabilities incurred as a result of receiving a Reward. Occasionally, a Customer may offer to provide a Reward to you for completing a Test it developed. If a Customer makes such an offer, then you shall receive the Reward directly from that Customer, and you acknowledge and agree that UserStudy has no obligation with respect to such Reward.Any participant who engages in any of the Restricted Activities set out below shall not be entitled to receive a Reward.
Information Collected: PII
We care about the privacy of Participants. When you use the Platform, register with UserStudy to become a Participants, fill out questionnaires related to specific Tests, or complete a Test, we will receive and collect information about you, which may include, but is not limited to:personally identifiable information such as your name, email address or other identification, contact and account information demographic information such as age, gender, education, employment status and hobbies other information that we may request to facilitate the completion and analysis of Tests. You represent that the Information that you provide to UserStudy will be accurate and complete.
Information Collected: Recording
You understand and agree that each Test you take is captured in a Recording and that the Recording may include video or photographic recordings of your face, audio recordings of your voice, recordings of your screen, text inputs, recordings of interactions with your device, and recordings of interactions with your surroundings, provided that all such information capture will only occur in connection with a Test.You further understand and agree that where the Test is created by a Customer, UserStudy will provide a copy of the Recording of that Test to the Customer for the Customer’s use.
Information Collected: Content
UserStudy makes Recordings of the Tests you take and may also collect other content such as comments, suggestions and ideas you post to, or send over, the Platform, whether in response to a Test prompt or otherwise. This content, together with Recordings, are referred to in these Terms of Service.You represent and warrant the following:You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any Content relating to third parties.Your Content and UserStudy's use thereof as contemplated by this Agreement and the Platform will not violate any law or infringe any rights of any third party.UserStudy may exercise the rights to your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.To the best of your knowledge, all your Content and other information that you provide to us is truthful and accurate.
We don't collect any information on the tracking of other apps, once the video session is completed as part of the test. We do not monitor the activity of other apps for any reason. No app tracking in background is done for any other apps in the device.
Privacy policy: For information on how your Participant Information and Content may be used, please see our Privacy Policy
Indemnity: You agree to indemnify and hold harmless userstudy, its employees, suppliers and licensors, 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 testing services, the Website or any Content it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights; or any violation of applicable laws or regulations.
General Terms and Conditions
Participants "You" and UserStudy are independent parties. Nothing in these Terms of Use will be construed to make You an agent, employee, joint venturer, partner or legal representative of UserStudy. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and shall completely replace any prior agreements, oral or written, between you and UserStudy in relation to you acting as a tester for UserStudy. You agree that if UserStudy does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which UserStudy has the benefit of under any applicable law), this will not constitute a formal waiver of UserStudy ´rights and those rights or remedies will still be available to UserStudy. You may not assign or delegate any rights or obligations under these Terms of Use and any purported assignment or delegation shall be ineffective. UserStudy may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially. These terms of use shall be governed by the law of the State of Delaware, USA. You hereby consent to the jurisdiction of the state and federal courts in and for Delaware, USA, for the resolution of any dispute arising out of or related to these Terms of Use. If any court of law, having jurisdiction over the Website and/or the qualitative research testing services, rules that any provision of these Terms of Use is invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the rest of these Terms of Use, which shall continue in full force and effect.
Contact Us
If you have any questions about these Terms, please contact us at hello@userstudy.com.
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