The Service is owned and controlled by UXTesting.
- UXTesting website: The website (UXTesting.io) where the Recordings are available.
- UXTesting SDK: The code integrated with the Customer’s software application, enabling the use of the application to be recorded and uploaded to the Servers.
- Host Application: An application which has integrated a UXTesting SDK.
- Tester: A person whose usage is recorded by a UXTesting SDK.
- Recording: An uptake of a test run on a software application with UXTesting SDKs integrated.
- Bot: A program that performs tasks automatically.
- Servers: The servers that host the UXTesting website and its content or performs any task(s) for the Service or any task(s) related to the Service.
4. About the Service
The Service serves as a tool for software application development.
A Customer may integrate UXTesting SDKs in a software application, which enables the Customer to record the use of the Host Application or device. Depending on the functions selected by the Customer/Tester, the functions of the Host Application, and/or in which device the software application is installed, a Recording may consist of uptakes of several data points, including but not limited to a Tester’s screen, touches, views, camera and/or microphone.
UXTesting SDKs save the Recordings and uploads them to the Servers. This means that the Recordings are available for the Customer on its account on the UXTesting website or by other means set forth on the UXTesting website. By accessing its account the Customer has the possibility to stream or download the Recordings as explicitly provided on the UXTesting website.
A Customer may sign up for the Service as either a paying Customer or as a non-paying Customer using another Customer’s subscription.
5. About the collecting and storing of information
In this Section, the collecting and storing of information is briefly explained.
As explained in Section 4 above, the UXTesting SDKs render Recordings which consists of uptakes of several data points including but not limited to a Tester’s screen, camera and/or microphone. This means that, e.g., a Tester’s touches or other activities (see Section 4 above) on the screen of the device and/or the Tester’s countenance or other material captured with the camera of the Tester’s device is recorded. It further means that any audio the software application generates and/or the Tester’s voice or other audio that the microphone on the device captures is audio recorded. This information is collected when a test run is carried through by a Tester, either automatically or by activation by the Tester.
The Recordings are stored on the Servers and are accessible on the UXTesting website. The Recordings are stored at least until the Customer’s Subscription is cancelled or in any other way ended.
The Customer’s Recordings are only made available to that very same Customer unless the Customer explicitly chooses to publish a Recording. Thus, it is by default not possible to stream other Recordings than those generated by the Customer’s own software applications. UXTesting will not share the Recordings to others than the Customer or use the Recordings in any commercial purpose without the Customer’s approval.
The Parties obligations in relation to the processing of information and personal data are further outlined in Section 8, 9 and 13 below.
7. The use of the Service
The Customer must provide its full legal name, a valid email address, and any other information requested in order to complete the signup process.
The Customer must be 18 years or older to use the Service. The Customer must be a human, a company or any other recognized legal entity. It is not permitted to sign up for the Service using Bots or other automated methods.
The Customer must not use the Service for any illegal or unauthorized purpose. The Customer must comply with all laws, rules and regulations applicable to the use of the Service, including but not limited to, copyright laws. Also, the Customer must follow the instructions for the Service set out on the UXTesting website.
The Customer may be requested to inform UXTesting about the purpose, function and/or content of the software application that the Customer distributes and in which the UXTesting’s SDK shall be integrated. If UXTesting, e.g., does not agree with the content of the software application, UXTesting reserves the right to refuse subscription to the Service.
The Customer must not interfere or disrupt the Service or the Servers connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. The Customer may not inject content or code or otherwise alter or interfere with the Service or the way the UXTesting website is rendered or displayed in a user’s device.
The Customer has only access to Recordings relating to its own software applications. The Customer must not try to access other data on the UXTesting website that it has no permission to access.
The Recordings is the property of the Customer. However, the Customer has no absolute right to access the Recordings. The Customer has only permission to stream or download the Recordings as explicitly set out on the UXTesting website. The Customer must not download the Recordings in any other way, use Bots, or any other method, in order to get permanent access to the Recordings.
8. The Testers
The dealings with the Testers (or any other possible user) interacting with the software application, in which a UXTesting SDK is integrated, are between the Customer and the Testers. The Customer is, in relation to UXTesting, thus solely responsible for the Testers and their legal rights and obligations related to the Service.
9. Processing of personal data
When a Customer uses the Service to create a Recording, personal data regarding the Customer and or the Tester will be collected and included in the Recording. Depending on e.g. the features in the software application in which the UXTesting SDK is implemented, such personal data may include, name, e-mail address, information regarding the device (e.g. device name, operating system and model), video content (captured by the camera and the screen), audio, banners and other notification (as they may appear on the screen) and any other personal data included in the information that the Customer/Tester enters into the software application.
UXTesting shall implement adequate technical and organizational measures to ensure the proper protection of the personal data which it processes on behalf of the Customer. UXTesting shall allow the Customer to review that it complies with the Customer’s instructions regarding processing of personal data as well as with the agreed security requirements. Furthermore, UXTesting shall immediately notify the Customer about any security incidents with regard to the processing of personal data.
The Customer is aware of that UXTesting may transfer personal data, for processing purposes, to sub-processors located in different countries within or outside of the Asia. For the avoidance of doubt, the Customer is responsible for obtaining any necessary consent from the Testers regarding such international transfer of personal data. Upon request of the Customer UXTesting shall provide the Customer with the company name and registered office of the entity to which personal data has been transferred.
10. Subscription, payment and cancellations
The Customer undertakes to pay for the Service in accordance with the specified payment details.
The Customer may only access Recordings on the UXTesting website that is included in the selected Plan. The Customer may watch and/or listen to the Recordings accessible (included in the selected Plan) unlimited number of times during the Subscription.
The Customer may at any time select another Plan. If the Plan is upgraded, the Customer is equally charged with a specified amount. If a less extensive Plan is selected, the Customer is equally compensated with a discount on the following Subscription.
Subscriptions are automatically extended if the Customer does not give notice to UXTesting regarding cancellation of the Subscription before the Subscription time period has expired.
The Customer may, at any time, cancel its Subscription. The cancellation has immediate effect and the Customer has no right to recover any amount paid for any Subscription already commenced.
The Customer may invite other users to use the Customer’s subscription. The Customer agrees that those users will be granted access to the Customer’s Recordings and be granted permission to some administrative features of the Customer’s account.
11. Communication and information
The Customer is obligated to keep UXTesting updated of its address information, such as current e-mail address. The Customer bears the risk of any loss due to information sent to a non-current or misspelled e-mail address.
12. Intellectual property rights
The Customer must only use the Service as intended by UXTesting. The Customer must not copy or share the Service or the code on which the Service is based (or in any other way violate UXTesting’s intellectual property rights).
The Customer must not change, modify, adapt or alter the Service or change, modify or alter another website or service so as to falsely imply that it is associated with the Service or UXTesting.
The integration of UXTesting’s SDK does not grant the Customer any right to use UXTesting’s domain names, service marks, logos or any other features attributable to UXTesting.
13. UXTesting’s responsibilities
UXTesting will to the best of its ability provide the Service and make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions or delays. Thus, UXTesting do not warrant that the Service will be uninterrupted.
UXTesting undertakes to store the Recordings and make them available to the Customer during the Customer’s Subscription. UXTesting takes no responsibility for Recordings lost due to technical failure beyond UXTesting’s control.
UXTesting will store the Recordings securely and protect the Recordings from other customers or other violations and infringement. UXTesting will not access the Recordings itself unless there is reason to believe that the Customer is using the Service for other purposes than intended. UXTesting undertakes not to use the Recordings in any commercial purpose without the Customer’s approval.
UXTesting takes no responsibility for any intrusion on the Servers or the UXTesting website, which is beyond UXTesting’s control.
14. Limitation of liability
UXTesting or its shareholders, employees, directors, subsidiaries, affiliates, successors, assigns or suppliers shall not be liable for any indirect, special, incidental, punitive or consequential damages arising out of the use or inability to use the Service or that in any other way is related to the Testers.
Under no circumstances, regardless of the type of damage, shall UXTesting and its shareholders, employees, directors, subsidiaries, affiliates, successors, assigns or suppliers be liable to pay any damages exceeding USD 5,000.
16. Entire agreement
18. Time limitation on claims
19. Governing law and jurisdiction