Terms for testers
For those who want to take tests and get paid
Last updated: 2019.09.10
By registering an account on the platform, you hereby warrant that you are 18 years of age or older and agree to abide by these terms. If you do not agree to the terms and conditions or if you are younger than 18 years old, you may not act as a tester for Teston. If you have any questions regarding these terms or the Service in general, we ask that you contact us at firstname.lastname@example.org.
1 The Services
Teston offers 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 management of test payments.
The Services consists of the following platforms and functionality:
- Teston iOS app, which is an app where testers can perform tests etc.
- Teston iOS SDK (Software Development Kit), which is a module that clients can include in their own apps that are going to be subject to testing.
The website under the domain teston.io, which is the main platform of the Service in which testers can perform tests, and the clients can setup tests, review and analysis test results, manage its account etc.
2 Registration as a tester
To use the Service as a tester, you must meet Teston's eligibility requirements for testers, as well as requirements for the establishment of an account. The current requirements are available in the following link: https://teston.io/no/help/testers/profile/requirements-for-testing.
Teston may revise the above requirements in accordance with the procedure stipulated in paragraph 13 below. Teston may request the testers to confirm that they still fulfil such requirements, and may require satisfactory evidence of such fulfilment. If you cannot provide such evidence, Teston may terminate your user account without prior notice.
When you create an account, you are responsible for ensuring that all information provided is correct, accurate, and complete. You must at all times make sure that your information is up-to-date. If you provide incorrect information, this may constitute a material breach of the terms, which may result in immediate termination of your account for the Service.
Your user name and the password associated with your user account is strictly personal. You are responsible for ensuring that your password is not, at any time, made available to others, and you may be held responsible for all activity associated with your user account. If you suspect that unauthorised third parties have access to your password or user account, you must notify Teston immediately. Teston may implement necessary measures to mitigate the risk of unauthorised access to your account, as well as loss of, changes to, disclosure of user data, etc. Such measures may include the closing/blocking or deletion of the user account.
You agree that you are acting as an independent tester. Nothing in this agreement shall be interpreted to mean that you are an employee of Teston. You are not entitled to any benefits, and you are solely responsible for any tax liabilities that may arise as a result of your performance of tests by use of the Service.
3 Direct contact with the client
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 that the tester provides such information in a test or 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 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 Services for marketing purposes.
Testers will receive information about the client's identity in connection with the completion of a concrete test, and may contact the client directly for any questions relating to the client's processing of the tester's personal data. Please refer to section 5 below. In the event that the client requires information about the tester's identity in order to answer the tester's inquiry (including to identify the particular tester's test results), the client may contact Teston for such information.
4 Test Agreement
When you complete a test, you enter into a binding agreement with the client who created the relevant test. In addition, the following terms shall form part of the agreement between you and the client:
- Remuneration for the test as presented by Teston;
- The client's description of the test on the Service;
- These terms and conditions for testers;
- Teston's terms and conditions for clients;
- Teston's test requirements; and
- Teston's requirements for the testers.
5 Tests and test results
You decide whether you want to complete a test. The test duration will be identified on the platform in relation to the relevant test. To earn remuneration you are required to complete the entire test, and the test must also be approved by the client. You may cancel a test at any time after commencement of the test, but such cancellation will result in the loss of the right to remuneration. If you choose to cancel a test, the information you have provided up to the point of cancellation of the test, will be deleted and will not be made available to the relevant client.
Testers do not receive information about who the client is prior to commencement of a test. This is to ensure that the tester's execution of, and responses to, the test are as objective as possible. Before the tester completes the test, information will be provided about the relevant client for the test, and the testers will upon receiving this information have the opportunity to cancel the test.
6 Test Content - Restrictions
Tests in the Service should not contain questions that require testers to provide sensitive personal data. We kindly ask that testers do not disclose sensitive personal data during performance of a test. 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. If you are requested to submit such sensitive personal data during a test, Teston asks that you cancel the test and contact Teston.
Teston will perform random controls of clients' tests, but will not check all the tests available via the Service. If the tester, during the performance of a test, comes across any questions or information that is perceived as offensive or otherwise contrary to the law, Teston's test requirements (which are always available on the website to the Service), these Terms, or the Terms for clients, Teston asks that you cancel the test and contact Teston.
7 Payment of remuneration
Teston determines the remuneration for performance of tests via the Service. The remuneration for a test will be identified on the relevant platform in relation to the test.
Teston will receive payment from the relevant client on behalf of the tester, and will transfer the amount due to the tester. Remuneration will be paid once a month, on the last working day of the month. Remuneration acquired 7 days or less before this date, will be disbursed the following month.
Teston utilises a third party service for handling of payment transactions on Teston's behalf (the "payment platform"). Teston is responsible for arranging and assisting the tester in all payment transactions, including any refunds, cancellations, or chargeback if applicable. However, the tester 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 the tester at a designated time. All questions or complaints related to payment or any payment transaction shall be directed to Teston. Please see the current guidelines on how to get paid in the following link: https://teston.io/en/help/testers/payment/when-do-i-get-paid
9 Availability of the Services
The tester accepts that the Services from time to time may be partly or completely unavailable due to amongst others maintenance. Teston makes no warranty or guarantee about the availability of the Services, but will exercise reasonable skill and care in providing the Services. Teston will, to a reasonable extent, aspire to provide the tester with information about any limitations in availability.
Teston offers 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 payment. Teston shall not under any circumstances, be considered a party to any agreement between a client and a tester concluded through the Service regarding the testing of a product or a service.
Teston expressly waives any liability for (i) the performance of a test (including claims related to the testers non-compliance with the agreement); for (ii) damages to third parties, physical items, or the test product itself, as a result of the tester's actions or passivity; and (iii) third party claims due to the tester's non-compliance with third party terms applicable to the Services. To the extent allowed under applicable law, Teston also expressly disclaims any liability for damages inflicted on the tester as a result of the nature of the test product, or as a result of the performance of a test and any other damages resulting from the tester's actions or passivity.
11 Electronic communication and information about Teston's services, new functionality, etc.
By registering as a tester, the tester agrees to receive information about new functionality provided by the Service and other information relating to the Service in the form of newsletters, email, text messages, etc.
The tester can, at any time, withdraw consent by going into his or her account under "Settings" and unsubscribe, or by clicking on the "unsubscribe" link in any email from Teston. Note that the tester cannot unsubscribe for all types of correspondence, including notifications about account transactions, changes in these terms and conditions for testers or other conditions for use of the Service, etc.
12 Intellectual property rights
The Services, accompanying documentation (in hard copy or electronic form), and all other materials provided or made available by Teston to the client ("Teston IP") are the exclusive property of Teston and/or its suppliers. Teston retains all right, title and interest in and to the Teston IP, including all patents, copyright, designs, trade secrets, trademarks and other intellectual property rights (collectively "intellectual property rights"). The tester acknowledges that it neither owns nor acquires any rights in or to the Teston IP, other than the usage rights expressly granted in these Terms.
The Services includes content, features, design, methods, software components etc. subject to Teston IP. The tester accepts and agrees that it shall not attempt to;
- recreate, use, modify or copy such Teston IP; or
- decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component the Services are compiled or interpreted.
When you carry out a test via the Servicevia the Service, you, as a tester, will be able to gain access to confidential and sensitive information, such as information about new products and services that the client wants to keep secret. Therefore, all information you can access by performing a test is subject to confidentiality, and you are obligated to keep such information secret, including refraining from sharing such information with third parties or using such information in connection with your own or someone else's business.
14 Third party terms
The Services may include third party products that are subject to separate license terms. The tester shall act in compliance with such third party terms. Such third party terms will normally be available at the platform on which such third party products are available for download. The tester may contact Teston for more information about relevant third party terms.
Teston may terminate the account if the tester is in material breach of these Terms and other applicable conditions for use of the Service, provided that such breach continues unremedied for a period of thirty (30) days after the tester in breach has been notified of such breach by Teston. Teston reserves the right to suspend the tester's access to the Service until such breach is remedied. If such breach is not remedied, Teston will immediately suspend or disable all access to the Services.
16 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.
Teston reserves the right to update or replace these terms at any time. Updated Terms will be made available on the website to the Service. If the changes in Teston's opinion materially affect the testers' rights or obligations, the testers will be notified about the changes, and the changes will be made available on the webpage of the Service 14 days prior to entering into force.
By continuing to use the Service after changes in the terms and conditions have been made available on the website to the Service and/or you have been notified of the change, 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 for the Service.