Terms for clients
For those of you who want to create tests and receive test recordings
Last updated: 2019.09.10
The Teston service is powered by TESTON AS (org. no. 919 136 928 VAT) with a registered address at Kongens gate 3, 0153 Oslo ("Teston"). Please read these "Terms and condition for company clients" or "Terms" carefully before using the Teston service (the "Service(s)"). 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 email@example.com.
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 the testers can perform tests and the client can setup tests, review and analysis test results, manage its account etc.
Upon subscribing to the Services in accordance with these Terms, the client will get a non-exclusive, non-transferable, non-sublicenseable and revocable license to use the Services.
Whether the client gets access to all or some of the platforms and functionality depend on your subscription plan. Information about the different types of subscription plans are available on the website for the Service.
2 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 Service.
2 Set-up of Test
All tests must be created on the website for the Service. When you create a test, you must refer to one or more products you want to test through the Service, which platforms you wish to use (cf. section 1) and you must identify which user group the test shall target. The test must fulfil Teston's test requirements for the applicable platforms. The current test requirements will be available on the website for the Service at all times. Teston may at any time revise these test requirements, and such revised test requirements will apply to any tests created after the new test requirements have been published on the website for the Service.
Please note that the scope and purpose of a test cannot be amended during the specified test period, unless Teston accepts such change.
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 Service;
- 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 Service
When you use the Service, you agree to the following requirements and restrictions:
- The client shall use the Services in accordance with these Terms, user instructions and other policies and guidelines provided by Teston from time to time, and shall not use the Services for any other purpose than expressed in these Terms and such policies. Such instructions and policies will be made available on the website for the Services.
- The client shall not under any circumstances use the Services to (i) send any form of duplicative and unsolicited messages; (ii) transmit through or post unlawful, immoral, libellous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material harmful to minors; (iii) transmit materials containing software viruses or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity of the Services, software or data; (v) attempt to gain unauthorised access; (vi) interfere with another client's use of the Services, or (vii) for any other purposes contrary to law.
- When the client create a test via the Service, 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 Service 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 Service 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.
- Tests on the Service shall 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 these Terms and may result in immediate termination and/or suspension of the client's account and access to the Services. Teston reserves the right to check tests and communication between the client and the tester on the Service to ensure that the requirements in these Terms are observed by the client.
5 Test Approval
When a tester completes a test, the test will automatically be approved by Teston, unless the client notifies Teston that the test has not been approved within 10 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 Access to test results
The client will get access to the test results via the website of the Service. Such test results will e.g. consist of videos of the tester while performing the test.
The client will be able to export videos and create summaries of the videos in accordance with these Terms and with assistance 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 copy such test results, including recording of results using other technical equipment, or otherwise intercept audio/video from the Services for use or distribution contrary to these Terms.
7 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 the 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.
8 Prices for tests, fees and payment
8.1 Subscription plans
The Service is available by subscription. More information about the different types of subscription plans are available at the website for the Service.
8.2 Prices and remuneration for individual tests
Teston determines the price/remuneration for individual individual tests on the Service and may adjust such prices/remuneration. Unless otherwise stipulated, prices are exclusive of VAT. The current minimum prices will be available at the website for the Service at any time. Please note that these minimum prices are indicative only. The actual prices for the Service will depend on the client's requirements for customisation and the number of platforms the test shall be available on, 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 applicable order.
The remuneration paid for a test will be split between Teston and the testers. Teston charges a fee for each test. Teston reserves the right to make changes to the size of 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.
8.3 Payment terms
The remuneration for a test, shall be paid to Teston. Teston receives payment on behalf of the testers, and transfers the amount to the testers after deduction of Teston's fee. 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.
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 Service 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 Service 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 will go through a third party service 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's 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 agreed amount being available on Teston's designated bank account.
Publication of tests will take place upon payment of the agreed amount, unless otherwise agreed. Material or repeated breach of the client's payment obligations will entitle Teston to terminate the client's subscription and access to the Service without prior notice.
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 or that a reasonable person must otherwise understand to be business sensitive information. Confidential information includes, but is not limited to, intellectual property rights and personally identifiable information that is shared in connection with the agreement between Teston and client or in a test.
Neither party shall use or disclose to any person any such confidential information, except for purposes consistent with the administration and performance of a party's rights or obligations under these Terms, or as required by law or regulations. The parties shall treat as confidential, and protect confidential information concerning the other party with a degree of care at least equivalent to the protection of its own confidential information.
With the exception of personal data, confidential information shall not include information;
- already in the possession of the receiving party without an obligation of confidentiality;
- rightfully furnished to the receiving party by a third party, other than any third party relevant under these Terms, without a breach of any separate nondisclosure obligation; or
- already publicly available without a breach of these Terms.
Notwithstanding the above, Teston takes no responsibility and shall under no circumstance be liable for a testers disclosure or use of the client's confidential information, obtained through the testers use of the Service.
10 Processing of personal data
The client acknowledges that the completion of tests on the Service 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 Service.
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 for which the personal data was collected, 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 Service 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.
12 Availability of the Services
The client 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 client 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 payments. Teston shall not under any circumstances be considered a party to any agreement between client and tester concluded through the Service 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; (iv) any other damage caused by the tester's actions or passivity; and (v) third party claims due to the client's non-compliance with third party terms applicable to the Services.
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.
14 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 client 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 client 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.
15 Third party terms
The Services may include third party products that are subject to separate license terms. The client 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 client may contact Teston for more information about relevant third party terms.
Teston may terminate the subscription if the client 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 client in breach has been notified of such breach by Teston. Teston reserves the right to suspend the client'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, including any Teston iOS SDKs installed in the clients apps.
17 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 website of the Service. If the changes in Teston's opinion materially affect the client's rights or obligations, the changes will be made available on the website of the Service 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 website of the Service, 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 Services.