Terms of Use

1. Introduction

By approving these terms of use (“Terms of Use”) or, alternatively, by using the UXTesting website or a UXTesting Software Development Kit (“UXTesting SDK”) (together the “Service”) provided by UXTesting, Inc. (“UXTesting”) the customer (the “Customer”) agree to be bound by these Terms of Use.

By approving the Terms of Use, or using the Service, the Customer is also entering a binding contract regarding the use and storage of information collected upon a tester’s (“Tester”) use of the Service.

If the Customer enters into this agreement on behalf of a company or other legal entity, it represents that it has the authority to bind such entity and all users who access the Service through the Customer’s account. If the Customer does not have such authority, or if it does not agree with these Terms of Use, it must not accept these Terms of Use and may not use the Service.

The Service is owned and controlled by UXTesting.

Thank you for reading these Terms of Use.

2. Parties

These Terms of Use forms an agreement between UXTesting and the Customer.

The Customer may temporarily authorize third parties and/or employees to use the Service. It is the Customer’s obligation to make sure that such users observes the Terms of Use. However, the Customer may not, for e.g. commercial purposes, sign up for the Service on behalf of another company or other legal entity as a decoy, intermediary or any kind of agent.

A Tester is not a party to the Terms of Use. It is the Customer’s responsibility to inform the Testers that a Recording is made when the Tester uses a software application, distributed by the Customer, in which the Service is integrated to upload data to the Customer’s account. (see Section 8 and 9 below)

3. Definitions

In these Terms of Use the technical terms used have the following meaning.

  1. UXTesting website: The website (UXTesting.io) where the Recordings are available.
  2. 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.
  3. Host Application: An application which has integrated a UXTesting SDK.
  4. Tester: A person whose usage is recorded by a UXTesting SDK.
  5. Recording: An uptake of a test run on a software application with UXTesting SDKs integrated.
  6. Bot: A program that performs tasks automatically.
  7. 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.

By approving these Terms of Use or using the Service as a paying Customer, the Customer signs up for the Service for a specified time period (hereinafter “Subscription”). A Subscription entitles the Customer to watch and/or listen to Recordings. The Customer may choose among a variety of Subscriptions with different conditions and price (hereinafter “Plans”). The desired Plan is chosen by the Customer when it signs up for the Service. The Plan details are further provided on the UXTesting website.

By approving these Terms of Use or using the Service as a non-paying Customer, the possibility to watch and/or listen to Recordings is dependent on the paying Customer’s Subscription that the non-paying Customer uses. Section 10, paragraphs 1-7, outlined below do not apply as regards non-paying Customers.

5. About the collecting and storing of information

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.

6. Changes to the Terms of Use

UXTesting reserves the right, in its sole discretion, to change the Terms of Use from time to time. If the changes affect the Customer, UXTesting will give the Customer notice before the updated Terms of Use become effective. The Customer agrees that UXTesting may notify such changes by sending them by e-mail to the Customer, and that the use of the Service after the effective date of the updated Terms of Use constitutes an agreement to the updated Terms of Use.

If the change of the Terms of Use materially affects the Customer’s legal rights and obligations a notice shall be given to the Customer at the latest 1 (one) month before the effective date of the update. If the change concerns the agreed price for the Subscription, a notice shall be given to the Customer at the latest 2 (two) months before the effective date of the change in price. The Customer agrees that UXTesting also may notify these changes by sending them by e-mail to the Customer, and that the use of the Service after the specified effective date constitutes an agreement to the updated Terms of Use or price details.

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 must not use the Service for other purposes than the intended use, i.e. development of software applications or for any other use explicitly approved by UXTesting. UXTesting may, but have no obligation to, remove Recordings from the UXTesting website if UXTesting determines that the content of the Recording violates these Terms of Use. This does not mean that UXTesting takes any responsibility regarding the content of the Recordings.

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

The Customer is the controller of the personal data included in any Recording created by the use of the Service. UXTesting has adopted a privacy policy in relation to its collection and processing of personal data of the Testers on behalf of the Customer. According to the privacy policy, UXTesting obtains consents from the Testers to said collection and processing of their personal data. However, the Customer shall always be ultimately liable for ensuring that such consents have been legally obtained, and must not engage any Testers who have not given their consent regarding the collection and processing of personal as referred to herein and in the privacy policy.

UXTesting shall process the Customer’s personal data in the capacity of a data processor, and undertakes to only process personal data in accordance with these Terms of Use and the Customer’s instructions.

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.

When these Terms of Use are terminated, for whatever reason, UXTesting shall stop using and, on the Customers request, permanently destroy any personal data belonging to, or derived from, the Customer.

10. Subscription, payment and cancellations

By approving these Terms of Use or using the Service the Customer agrees to a Subscription in accordance with the selected Plan and the price specified for that Plan.

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.

If the Customer does not pay for the Service or in any other way does not observe these Terms of Use, UXTesting reserves the right to cancel the Customer’s Subscription with immediate effect. UXTesting may also, at any time and for any reason, cancel a Subscription with a Customer with a 2 (two) months’ notice. In such case, the Customer may choose to use the Service for the remaining 2 months or that the cancellation shall have immediate effect. The Customer’s Recordings will be deleted when the Subscription expired and UXTesting has no liabilities in connection with such deletion.

11. Communication and information

Notices and/or any other communication between UXTesting and the Customer must be in writing in order to have any legal effect. E-mail correspondence is under these Terms of Use regarded as communication in writing.

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 UXTesting website, UXTesting SDKs are the property of UXTesting and violation of any intellectual property right connected thereto is deemed as copyright infringement. The Service is not sold to the Customer by approving these Terms of Use, through the integration with any software application, and UXTesting retains ownership of the Service and the code on which the Service is based.

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.

15. Indemnification

The Customer, and also any third party that the Customer has authorized to use the Service, agree to indemnify and hold UXTesting harmless from and against any claims, liabilities, damages, losses and expenses including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) the Customer’s use of the Service in any way, (ii) any breach or alleged breach of these Terms of Use or the instructions on the UXTesting website, (iii) any violation of any intellectual property right, property or privacy right or (iv) any violation of any laws, regulations, rules, codes statues.

16. Entire agreement

These Terms of Use constitute all the terms and conditions agreed upon between UXTesting and the Customer and supersede any prior agreements in relation to the subject matter of these Terms of Use, whether written or oral. Any additional or different conditions in relation to the subject matter of the Terms of Use are void. The payment details and/or other conditions set out on the UXTesting website are not regarded as such conditions.

UXTesting reserves the right to govern other aspects of the Service in additional agreements, which shall govern only the aspects of the Service to which they apply, and are distinct from and supplemental to these Terms of Use. To the extent that there is any conflict between those agreements and the Terms of Use, the latter shall prevail.

17. Severability

Should any provision of the Terms of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Use, and the application of that provision shall be enforced to the extent permitted by law.

18. Time limitation on claims

The Customer and UXTesting agrees that any claim arising out of or relating to these Terms of Use must be filed within 1 (one) year after such claim arose. Otherwise, the claim is permanently barred.

19. Governing law and jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Republic of China(Taiwan), without regard to choice or conflicts of law principles. The Terms of Use will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.

The Customer and UXTesting agree to the exclusive jurisdiction of the Taiwan Taipei District Court to resolve any dispute, claim or controversy that arises in connection or relating to these Terms of Use.

Effective as from July,27,2015.