UserTest Pro Terms of Use for Clients

By using UserTest Pro, you agree to the following terms of use. If you do not agree to them, do not use UserTest Pro.

You (the client) are responsible for the usability test content you provide (scenarios, tasks, links, and other parameters you set). The usability tests you buy are subject to UserTest Pro’s approval.

You provide the right to UserTest Pro to publish your project in order to get testers to conduct the usability test.

You acknowledge that Testers are independent contractors of UserTest Pro and not employees. All Testers must agree to the Terms and Conditions for Testers prior to conducting any Usability Testing services for any Client. All Testers are bound to keep confidential any and all Client IP relating to the Elements being tested. The Client acknowledges that other than requiring Testers to accept the Terms and Conditions for Testers, and requiring Testers to use certain proprietary software and procedures, UserTest Pro cannot be held responsible for all actions of Testers.

We encourage Clients to implement their own security protocols and conduct risk assessments when providing access to sensitive data.

However, the Client assumes all the risk related to providing access to the Elements to Testers, and any actions or public disclosures that any such Tester may proceed to. The Client hereby releases UserTest Pro from and against any claims, actions, or liabilities related to any action taken by a Tester in their performance of Usability Testing services on behalf of the Client.

You are not allowed to communicate directly with the testers. You are not allowed to hire UserTest Pro’s testers to conduct usability tests directly, bypassing UserTest Pro.

You are not allowed to require a Tester to upload any personal information, including without limitation credit card or any other sensitive information, as part of any project or during the performance of any Usability Testing services.

The UserTest Pro service is provided “AS IS”. You agree that UserTest Pro makes no representations or warranties relating to any Tester, or Test Results, and you assume all risk related to the Client's use of any Test Results or any portion thereof.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS AND CONDITIONS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

WITHOUT LIMITING THE FOREGOING, THE CUMULATIVE LIABILITY OF A PARTY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS ARRANGEMENT, FOR ANY REASON AND UNDER ANY CIRCUMSTANCE, SHALL NOT EXCEED THE AMOUNTS PAID AS OF SUCH TIME BY CLIENT TO USERTEST PRO IN CONNECTION WITH THE PROJECT GIVING RISE TO SUCH LIABILITY.
 

UserTest Pro may remove the Client's usability tests from its servers at any time after ninety (90) days of the date the test was conducted without notice to the Client.

In case that you use the 'Upload to YouTube' function, your usability test video gets uploaded automatically to your YouTube account as an unlisted video. In order for this to happen, your data is shared with YouTube for this and only reason. We don't get any other access to your YouTube account.
 

UserTest Pro may use the Client’s company name and logo on client lists, on the UserTest Pro website, on marketing materials, and to promote UserTest Pro’s service in any way.

You and UserTest Pro are independent parties. Nothing in these Terms should be interpreted as you are an agent, employee, joint venturer, partner, or legal representative of UserTest Pro.
 

UserTest Pro reserves the right to terminate or suspend a Client’s use of the service for any violations of these Terms of Use, including breach of confidentiality, improper use of the service, or non-payment. In such cases, UserTest Pro will provide the Client with a written notice outlining the reasons for termination.
 

UserTest Pro may at any time revise these terms by updating this posting. By using UserTest Pro, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current terms to which you are bound. 
 

By using YouTube API client, you acknowledge and agree to be bound by the YouTube Terms of Service, including any additional terms and conditions set forth by the API client. It is important to read and understand the YouTube Terms of Service, which can be found at https://www.youtube.com/t/terms. Please note that your use of this API client constitutes acceptance of these terms and conditions.