UserTest Pro Terms of Use for Testers
 

By applying to become a Tester with UserTest Pro, you agree with the following terms of use:
- You are at least 18 years old. If you are younger, do not apply to become a Tester and do not take tests. If you are not at least 18 years old, we have the right to disregard your tests and deny payment.
- Payments are made via UPI systems. Any fees associated with your payment are deducted from the total amount of the payment.
- Testers will only be compensated for tests that are fully completed with clear audio and video recordings. Tests that are deemed incomplete, unclear, or conducted in poor environments (e.g., background noise) will not qualify for payment.

In order to become a Tester, you must register on our site and provide personally identifiable information. This information will be used by our system to select the tests that fit your demographic characteristics, and will also enable us to contact you and send your payments. You agree to the collection and use of such personally identifiable information, including audio recordings of your voice as part of providing usability testing services. You represent and warrant that the information you provide to UserTest Pro will be authentic, accurate, complete, and stated in accordance with UserTest Pro policies and procedures.
 

UserTest Pro will retain testers’ personal data, including audio and video recordings, for a period necessary to fulfill the purposes outlined in this agreement or as required by law. Testers have the right to request the deletion of their personal data at any time, subject to legal obligations.

You agree not to contact clients who have purchased usability testing services through UserTest Pro, or through information gained from our website with the intent of offering your own services directly to the client as a substitute for our services. We pay you to conduct tests on our clients’ sites. In order to do that, you use our application, which records your screen and voice through your microphone while performing the required tasks on the site.
 

The Qualification test, which is the first test that we may ask you to take ensures that your equipment works properly and that you can provide valuable feedback is not payable. The Qualification test content is ownership of UserTest Pro and may be used by UserTest Pro for promotional or other purposes.

You agree to full confidentiality regarding any Elements you are testing, have tested, or will test, as a result of your participation as a tester for UserTest Pro, and you will not disclose to any third party any information relating to any usability testing performed for UserTest Pro, any information about any client, or any Element.
 

Any breach of confidentiality by testers will result in immediate termination of the tester’s account, forfeiture of payment for the test, and possible legal action. UserTest Pro reserves the right to pursue damages for any loss caused by the unauthorized sharing of test materials.

Each test may last 1, 5, 20, 40, or 60 minutes. You are responsible for ensuring that audible and clear sound is captured by your microphone. UserTest Pro makes no representation or warranty that you will be selected to perform usability testing services. You agree to be notified by email whenever there is a test available for you to take.
 

Your personal information may be shared with a client as part of the usability test results (for example, your name, contact information, and audio recordings will be shared with clients and their employees and agents). UserTest Pro's clients are required to handle all personal data shared with them in compliance with our privacy policy and applicable data protection laws. Any misuse of tester data by clients is a breach of this agreement and is subject to legal action.
 

UserTest Pro may extract anonymous statistics and otherwise aggregate other non-personally identifiable information from the tests and reports you create, and feature such information on our site, and/or disclose such information to third parties for marketing or other purposes. UserTest Pro may post audio and video content that you provide while performing usability testing services on its website.
 

You agree that the compensation you receive for providing the usability testing services from UserTest Pro is complete and sufficient consideration for your providing the services and any information or suggestions you provide to UserTest Pro or a client therein. If and to the extent that you provide any suggestions, improvements, comments, requests for changes or any other ideas, recommendations, or reports during your performance of usability testing services with respect to any Element or your performance as a tester, you hereby assign and agree to assign any and all rights in and to such Test Results to UserTest Pro for no additional consideration.
 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 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, USERTEST PRO DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY USERTEST PRO, 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.
 

UserTest Pro shall not be liable for any damages except where such damages are directly caused by UserTest Pro's gross negligence or intentional misconduct in handling your personal data.

You and UserTest Pro are independent parties. Nothing in these Terms will be construed to make you an agent, employee, joint venturer, partner or legal representative of UserTest Pro.

You agree that all usability tests (“Tests”), recordings, associated information, or related data provided by UserTest Pro or its clients are strictly confidential and shall not be used, disclosed, or shared with any third party unless the information is publicly available or UserTest Pro has expressly granted written permission. This obligation applies during your engagement with UserTest Pro and continues indefinitely, even after termination of the contract. In the event of a breach of this confidentiality obligation, UserTest Pro reserves the right to take appropriate action, including immediate termination of your engagement, removal from the UserTest Pro platform, and notification of the breach to the affected client, who may pursue further remedies as per their terms and applicable laws. Furthermore, you agree to comply with any additional confidentiality agreements or Non-Disclosure Agreements (NDAs) required by UserTest Pro or its clients to safeguard sensitive information.