Last updated: 2018.09.01
Please read these "Terms and condition for company clients" or "Terms" carefully before using the website under the domain https://teston.io/ (the "Platform" or "Service"). Teston is powered by TESTON AS (org. no. 919 136 928 VAT) with a registered address at Kongens gate 3, 0153 Oslo ("Teston"). Those using the Service will be referred to as "company client", "client", or "you".
If you have any questions regarding the Terms or Service, please contact us at firstname.lastname@example.org.
1 Set-up of a user account
Unless otherwise agreed with Teston, access to the Service is purchased with a predetermined amount of authorised administrative accounts. The client is responsible for ensuring that login details and passwords are not made available to individuals who do not have permission to access the account, and that only relevant staff working for the client, or others who work on behalf of the client (e.g. consultants), are given permission to use an account. The client may be held responsible for all activity related to its account(s).
In case a client suspects the loss of a password or unauthorised access to client account(s), the client shall immediately notify Teston. Teston is entitled to take all necessary measures to mitigate the risk of unauthorised access, as well as loss of, changes to, disclosure of user data, etc. Such measures may include closing/blocking or deletion of an account on the platform.
2 Set-up of Test
When you create a test on the platform, you must refer to one or more products you want to test through the platform, and you must identify which user group the test shall target. The test must fulfil Teston's test requirements. Teston may at any time revise these test requirements. The revised test requirements will apply to any tests created after the new test requirements have been published. The revised test requirements will be made available on the platform.
3 Agreement for Testing
When a tester accepts a test, a binding agreement is entered into between you as the client and the user who chooses to complete the test (the "tester"). In addition, the following terms shall form a part of the agreement between the client and the tester:
- The fees for the test presented by Teston;
- The client's description of the test on the platform;
- These terms and conditions for clients;
- Teston's terms and conditions for testers;
- Teston's test requirements; and
- Teston's requirements for the testers.
4 Requirements for the client's use of the platform
When you use the platform, you agree to the following requirements and restrictions:
- The frame and purpose of a test cannot be amended during the specified test period, unless Teston accepts such change.
- When the client create a test via the platform, the client cannot recruit, hire, perform, or claim that testers obtained through the Service perform client's own tests independently of the Service. Any such request or employment will be considered as a material breach of this agreement and may result in termination of the client's account. Teston reserves the right to control communication between the client and testers on the platform to ensure that these conditions are met.
- In order to protect the tester's personal data, the client will as a main rule not have access to the tester's last name or other contact information, and the client shall not request or require the tester to provide such information in connection with a test, unless such information is absolutely necessary in order to perform a test. If the client requires the tester’s contact information, the Terms and conditions for clients will limit the clients right to use such information for other purposes than internal follow-up of the relevant test. The client may e.g. not contact the tester outside the platform for marketing purposes. Please note that testers will receive information about the client’s identity, and will consequently be able to contact a client directly for questions about the client's processing of the tester's personal data. Please refer to item 10 below for more information. The client may also contact Teston for information about a tester, if necessary to answer an inquiry from the tester.
- The client will be provided access to the results from the tests on the platform, and will be able to export videos and create summaries of the videos in accordance with these terms and conditions and with help from Teston. The client is fully responsible for all use of such videos and summaries, including deletion or anonymization of the videos and summaries when it is no longer necessary to keep the videos for the purposes specified in these terms (unless the client has another legal basis for continued storage). The client shall not otherwise attempt to download or otherwise copy such test results, including recording of results using other technical equipment.
- Tests on the platform should not contain questions that require or request the tester to provide sensitive personal data. Sensitive personal data refers in particular to race or ethnicity, political opinion, religion or belief, union membership, criminal offenses, genetic and biometric information (for the purpose of unambiguously identifying tests), health information, or information about the sexual orientation or sexuality of the tester.
Any breach of these restrictions will be considered a material breach of this agreement and may result in immediate termination of the client's account. Teston reserves the right to check tests and communication between the client and the tester on the platform to ensure that these Terms are met.
5 Test Approval
When a tester completes a test, that test will automatically be approved by Teston, unless the client notifies Teston that the test has not been approved within 2 working days. Teston reserves the right to control the test and perform an independent assessment of the test's quality. If the client and Teston disagree on whether the test is approved, Teston's assessment will take precedence.
6 Erasure of test results upon tester's request
The client is aware of and accepts that testers, according to current privacy laws, have the right to request erasure of their personal data, including results from completed tests that may be used to identify an individual tester. If Teston receives such request, Teston will, in dialogue with the client, assess whether there is a legal basis for continued storage of relevant test results. If Teston's assessment is that such legal basis does not exist, Teston reserves the right to anonymise or delete the test results encompassed by the request for erasure. The client is responsible for assessing whether there is a basis for continued storage of exported videos and summaries, or whether these should be deleted in accordance with the request. If the client claims that there is a basis for further storage, Teston shall be informed of this and the stated grounds for the continued storage. Teston will pass this on to the tester, with the information that complaints can be directed directly to the client. For the sake of order, the client is fully responsible for such assessment and continued storage.
7 Prices for tests, fees and payment
Teston determines the price/remuneration for tests on the platform and may adjust such prices/remuneration. Clients can choose a subscription that allows access to a certain number of tests or clients may order individual tests. Current minimum prices will be available at Teston at any time, and Teston reserves the right to amend these prices. The actual price for the Service will depend on the client's requirements for customisation and will be provided upon request. Additional charges may incur if the client's use of the Service exceeds the amount, use etc. specified in the current order.
Please note that Teston charges a fee for each test for use of the Service. Teston reserves the right to make changes to this fee. The fee will be deducted from the remuneration received for each test before the remuneration due are transferred to the tester(s) who have executed the test.
Once an agreement has been entered into between Teston and client (either for subscription or individual tests), the client is obliged to pay the price as stated in the order confirmation provided on the platform or by Teston. Payment must be made by debit/credit card if you do not have an enterprise plan. By using the Service, you agree and accept that Teston will charge the payment card you have registered on the platform for all outstanding amounts for which you are responsible, including the agreed-upon price/remuneration.
If there is no cover for the amount due on your debit/credit card or you have not registered a payment card, Teston will invoice the outstanding amount. For any accrued additional charges, you will receive an invoice. Please note that invoice fees will apply in accordance with Teston's current applicable rates.
If you do not have an enterprise plan, all credit card payments shall go through a third party platform which handles payment transactions on behalf of Teston (the "payment platform"). Teston is responsible for arranging and assisting the client in all payment transactions, including any refunds, cancellations, or chargeback, if applicable. However, the client acknowledges that such payment transactions may be subject to external influence, etc., which falls outside Teston and the payment platform's control, and that Teston and the payment platform takes no responsibility and is not liable for any payment failing to reach Teston, or any amount subject to refunds, cancellations, or chargeback, reaching the client. All questions or complaints related to payment or any payment transaction shall be directed to Teston.
Payment has occurred upon the amount being available on Teston's designated bank account.
Publication of tests will take place upon payment of the agreed amount, unless otherwise agreed. Repeated breach of the client's payment obligations will entitle Teston to terminate the client's access to the Service without prior notice.
8 Payment of fee for the test
You must pay the stipulated remuneration directly to Teston. Teston receives payment on behalf of the testers, and transfers the amount to the testers after deduction of Teston's fee. Therefore, payment for tests can occur seamlessly with Teston. Testers are not entitled to claim any remuneration from you in connection with the completion of the test beyond what is required by Teston in accordance with the agreement with Teston.
Each party to these Terms agrees to keep confidential all non-public information provided by the other party which is marked or designated as confidential. Confidential information includes personally identifiable information that is shared in connection with the agreement between Teston and client or in a test.
10 Processing of personal data
The client acknowledges that the completion of tests on the platform will result in collection of personal data about the testers, including recordings of the testers response to a test. The client further acknowledges that the client has an independent responsibility for the processing of such personal data collected through the platform.
Upon completion of a test, Teston will obtain consent from testers to share personal data with the client for the relevant test, for the client's evaluation, and for follow-up of the test. Tests are intended for internal use only by the client, relevant staff working for the client, or others working on behalf of the client (e.g. consultants). Test recordings shall not be stored beyond the period necessary to achieve the specified purpose, unless the client has other legal basis for continued storage. The client shall not publish or share such recordings and other personal data with third parties (beyond what is explicitly allowed in these Terms), or use personal data for other purposes, without the client obtaining explicit consent from testers stating that they agree to such publication, disclosure, or processing, of their personal data.
If the client utilises consultants or other third parties when creating, monitoring, or analysing tests, these third parties must be subject to a data processing agreement that limits access to and processing of test recordings and tester data to the purposes the personal data was collected and and the third party's delivery of services to the client.
Teston presuppose that the client has implemented technical and organisational measures to ensure adequate security and confidentiality for any personal data obtained through the platform and that is accessible to the client.
Teston, as the intermediary of the Service, disclaims any liability to the client and any third party for the client's use of personal data collected in connection with a test in violation of these Terms and conditions for clients.
The client agrees that Teston may use the client's company name and logo on Teston's customer list, the website, and in marketing material.
Teston is a service that simplifies and streamlines user testing by providing a platform for the conclusion of an agreement between clients and testers, as well as the management of test payments. Teston shall not under any circumstances be considered a party to any agreement between client and tester concluded through the platform regarding the testing of a product or service .
Teston expressly waive any liability for i) the performance of the tests (including claims related to the testers non-compliance with the agreement); ii) damages to third parties, items, or the test product itself as a result of the tester’s actions or passivity or as a result of the nature of the test product; iii) damages to the testers themselves due to the performance of the test; and iv) any other damage caused by the tester's actions or passivity.
The client is solely responsible for compliance with all requirements imposed on the test products by law, regulation, or industry standard, as well as for obtaining any necessary permits for the performance of testing of the product.
13 Intellectual property rights
The service may contain materials protected by copyright and other intellectual property rights belonging to Teston or third parties. The client does not obtain any rights in or to such materials or intellectual property rights other than the right to use the Services as granted in these Terms.
14 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Norway. The parties shall in good faith try to resolve any disagreement or dispute under these Terms through negotiations. If the parties are unable to reach an amicable solution, the dispute may be brought before the ordinary courts, with Oslo City Court as legal venue.
Teston reserves the right to update or replace these Terms at any time. Updated terms will be made available on the platform. If the changes in Teston's opinion materially affect the client's rights or obligations, the changes will be made available on the platform 30 days prior to entering into force.
By continuing to use the Service after changes in the terms and conditions have been made available at the platform, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you must stop using the Service and terminate your account on the platform.