1. Registration

In order to function as a Tester, you may need to download a software application (“Userlytics Recorder”) from our website, USERLYTICS.COM (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 Userlytics Recorder, you hereby authorize USERLYTICS to access the computer, as you are downloading the Userlytics Recorder for the express purpose of and to the extent required for your participation as a BYOU Tester in the study or project. 

USERLYTICS™ (on behalf of the entity that invited you to participate) may collect personally identifiable information about you such as your name, contact information, race, age, gender, education, employment status and hobbies, and any other information that we request and that you agree to provide. You agree to the collection and use of such personally identifiable information, which for certain types of tests may include video images of your face and audio recordings of your voice as part of your participation in the study. You hereby irrevocably transmit exclusive and full copyright ownership of such video and audio recordings to the entity that invited you to participate. You represent that the information you provide to USERLYTICS™ will be authentic, accurate,  and complete, and is provided in accordance with USERLYTICS’™ policies and procedures.

In addition, USERLYTICS 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, IP address, operating system, browser type, and other communication data, for the purpose of system administration and fraud prevention.

2. BYOU Tester Obligations

You must be of legal age to form binding contracts in your country and state of residence, or your parents must have signed and sent to us their approval of your participation. If you are under 13, you will also need to be accompanied by your parents during the tests. Unless otherwise provided by Userlytics or our Client, you agree to comply with the following requirements and obligations, which shall vary depending on the type of test you are asked to participate in: 

Before or when launching a test:

• Make sure to read and follow all tasks/questions carefully;
• When answering questions or following instructions, try not to deviate too far from the question/task;
• As you interact with the asset, if conducting a video recorded session, make sure to speak clearly and comment out loud on any thoughts you may have during your user experience throughout the test;
• If conducting a video recorded session, wear appropriate attire and clothing, as you may be recorded via your webcam; and
• If conducting a video recorded session, do not show (via your screen or webcam) any inappropriate photos, videos, or other content that is not directly related to the purpose of the study.

If conducting a video recorded session, make sure you have the minimum technical-requirements to perform the test. Such requirements include:

• ADSL or higher speed broadband Internet connection;
• A fully operational webcam and microphone; and/or
• System requirements (minimum) CPU, if a Desktop or Laptop based test: Intel i3 Dual-Core RAM, 4 GB OS, Windows 7 64-bit or MAC OS X 10.9 (Mavericks) and a free disk space of at least 5 GB.

If conducting a video recorded session, please check your microphone and webcam are working properly to ensure that there will be no interference with your audio, visual, or screen recording during the test.

You are responsible for having access to all of the equipment needed to conduct one of our tests.

If you do not comply with the aforementioned requirements, your submission may be rejected and you may not be compensated or incentivized for your efforts by the Client.

As a BYOU Tester, you may be asked to work through our testing platform so as to allow Userlytics to:

• Record your computer screen actions, screen shots, clicks, navigational data and voice as you perform tasks on selected websites or other online or offline elements (“user experience research testing”);
• Record your facial expressions through the use of your webcam;
• Answer a series of questions on design, content, user-friendliness, as well as offer ratings and suggestions on these areas; and
• Record your written commentary and suggestions. 

In addition, you agree to full confidentiality regarding any websites or other online elements or software or software prototypes which you are testing, have tested, or will test, as a result of your participation as a BYOU Tester, and to not disclose to third parties what tests you have performed, or to copy or record any of the results, or the prototypes, media assets or files and applications tested in whatever form.

You agree not to copy or take screenshots/videos of our testing application, prototypes, files, media assets, wireframes or any other information, media asset or concept and/or disclose this information to third parties, either in person, via the Internet, or any other form of communication.

3. Incentives

As a BYOU Tester, Userlytics undertakes no commitment to compensate you for your time, or to provide you with any type of incentive or payment. Any and all compensation or incentives shall be provided to you, if any, in relation to commitments made to you by the entity that invited you to participate, and Userlytics undertakes no commitment or liability in regard to any client commitments to you.

4. Personal Information

You can find all the information about our general privacy policy here or on the Userlytics privacy page. Please note, a separate BYOU Privacy Policy will be provided upon request. 

5. Proprietary Rights in Website Content

USERLYTICS™ is the owner or the licensee of all intellectual property rights in the Userlytics Website and associated platforms, including, but not limited to: all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up the Website and/or associated platforms and/or the testing services (the “Content”). You acknowledge that certain Content available on the Userlytics Website is protected by copyright laws and treaties around the world, and trademark, patent or other intellectual property rights of USERLYTICS™ or its licensors. Except as expressly provided herein, nothing within the Userlytics Website or the testing services shall be construed as conferring any license under any of USERLYTICS™ intellectual property rights, whether by estoppel, implication, waiver or otherwise.

Except as otherwise provided herein, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Content from the Userlytics Website without the prior express written permission of USERLYTICS™.

All trademarks, service marks, and trade names appearing on the Userlytics Website are the property of USERLYTICS™ or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage USERLYTICS™ and its trademarks, service marks, and trade names, or any other aspect of the Userlytics Website or the Content. Any use of the trademarks, service marks, or trade names appearing throughout the Userlytics Website without the express written consent of USERLYTICS™ or the owner of the mark or name, as applicable, is strictly prohibited.

If and to the extent that you provide any suggestions, improvements, comments, requests for changes or any other ideas, recommendations or reports (hereinafter “Test Results”) with respect to any tested sites or your performance as a BYOU Tester, you hereby assign and agree to assign any and all rights in and to such Test Results to the Client, or USERLYTICS™, respectively, for no additional consideration. You hereby irrevocably assign full and exclusive copyright ownership in all content produced by you whilst conducting a test with the USERLYTICS™ platform, including all audio and video images, for no additional consideration, to Userlytics or the Userlytics Client.

6. All rights not expressly granted in these Terms of Service are reserved.

USERLYTICS™ has applied for the registration of the userlytics.com logo as European Community and International registered trademarks of USERLYTICS™ (together the “Trade Marks”). 

WARRANTY DISCLAIMER

To the maximum extent permitted by applicable law, the Userlytics website and content it contains are provided on an “as is,” and “as available” basis without warranties of any kind. To the maximum extent permitted by applicable law, Userlytics™ disclaims all warranties, conditions, terms, representations and undertakings, express or implied, whether arising by law, custom, prior oral or written statements by Userlytics™, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, satisfactory quality, non-infringement, and implied warranties arising from course of dealing or course of performance. Userlytics™ does not warrant that the Userlytics website or associated platforms or the server that makes them available will be free of viruses or other harmful components. You (and not Userlytics™) assume the entire cost of all necessary servicing, repair, or correction.

Userlytics™ makes no representations or warranties regarding (1) the currency, correctness, completeness, reliability, suitability, availability, or operation of the Userlytics website and the content; (2) your use of the Userlytics website and the content; or (3) any third-party products and services you may obtain or any third-party website you may access through the website.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will Userlytics™,  or the client, their respective employees, suppliers or licensors, their respective officers, directors, employees, agents, subsidiaries and affiliates and each of them be liable for any direct, indirect, special, consequential, incidental, or punitive damages, lost profits, revenue, interest or business, whether foreseeable or unforeseeable, arising out of or related to your or any third party’s claim (including, but not limited to, reliance on or the use of, delay in being able to use, or inability to use, the Userlytics website or the content it provides, or any other hyperlinked website or any third party products or services) regardless of legal theory, even if Userlytics™  or the client have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, in no event will the aggregate liability which Userlytics™ or the client, their respective employees, its suppliers, and its licensors, their respective officers, directors, employees, agents, subsidiaries and affiliates and each of them may incur for all damages, losses and causes of action exceed the amount actually paid to you for provision of the testing services at issue. This liability cap will apply only when and to the extent that applicable law requires liability despite the exclusion and limitation in the prior paragraph.

8. Indemnity

You agree to indemnify and hold harmless USERLYTICS™,  the client, their respective 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 Userlytics Website or any Content it contains; your failure to comply with these Terms of Service; your infringement, violation, or misappropriation of any third party rights; or any violation of applicable laws or regulations.

9. Links to Other Internet Sites

You acknowledge, understand and agree that USERLYTICS™ does not have control over any third party website or software or software prototype for which you provide testing services or for which the Userlytics Website may link to. USERLYTICS™ will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites or software or software prototype.

10. Changes to the Terms of Service

USERLYTICS™ reserves the right to discontinue the testing services at any time or otherwise make changes to the services at any time, without notice, and without liability to you or any third party of any kind.

If USERLYTICS™ changes these Terms of Service, it is your responsibility to review them each time you use the Userlytics Website and/or the Service to ensure you are aware of the latest Terms of Service. By using the Website and/or the Services following any modified Terms of Service by USERLYTICS™, you agree to be bound by those changes. Any disputes arising under these Terms of Service shall be governed by the Terms of Service in effect at the time the claim or dispute arose. Any changes apply prospectively only to new transactions or activities after the date of the change.

11. General Terms

You and USERLYTICS™ are independent parties. Nothing in these Terms of Service will be construed to make You an agent, employee, joint venturer, partner or legal representative of USERLYTICS™. These Terms of Service 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 USERLYTICS™ in relation to you acting as a tester for USERLYTICS™. You agree that if USERLYTICS™ does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which USERLYTICS™ has the benefit of under any applicable law), this will not constitute a formal waiver of USERLYTICS™ ´rights and those rights or remedies will still be available to USERLYTICS™.

You may not assign or delegate any rights or obligations under these Terms of Service and any purported assignment or delegation shall be ineffective. USERLYTICS™ may freely assign or delegate all rights and obligations under these Terms of Service, fully or partially.

These Terms of Service shall be governed by the law of the State of Florida, USA You hereby consent to the jurisdiction of the state and federal courts in and for Florida, USA, for the resolution of any dispute arising out of or related to these Terms of Service.

If any court of law, having jurisdiction over the Userlytics Website and/or the user experience research testing services, rules that any provision of these Terms of Service is invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the rest of these Terms of Service, which shall continue in full force and effect. USERLYTICS™ may provide notices to you via postings on the Website, via email or via any other means of communication for which you have provided contact information.

CONTACT US

Questions, comments and requests in relation to these Terms & Conditions should be sent to USERLYTICS™ via email at legal@userlytics.com, or via regular mail to: Userlytics Corporation 1200 Brickell Avenue, Suite 1950, Miami, Florida, 33131 USA

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