Publisher Terms of Service Agreement

1) WHO WE ARE

Useberry User Testing Technologies IKE is a Greek private company seated at Athens, Greece and operating from the same address. Useberry User Testing Technologies IKE (“Useberry” or “we” or “our” or “us”) owns and controls Useberry services, and provides access to the Useberry website, at the URL: https://www.useberry.com and all subdomains under the https://www.useberry.com domain and related properties (the “Website”), software, data and materials accessed via the Website (the “Services” or “Properties”).


2) WHAT IS USEBERRY AND HOW IT WORKS

Useberry is a platform that provides app publishers, designers and developers (from now on “Researchers”) with the tools to create and conduct UI/UX research (from now on “User Tests”) to real users (from now on “Testers”) on their app prototypes, that is, before proceeding to developing their app.

There is a variation of ways to distribute these User Tests:

– For an app that is already published and the Researcher wants to test changes or new features, the User Tests can address Testers:

  1. Through the app, directly to the app real audience
  2. Through a web link sent by email or through Facebook
  3. Through third-party apps, directly to their audience

– For a new app, not yet published:

  1. Through a web link distributed to a group of users
  2. Through third-party apps, directly to their audience

In the case of third-party apps, Useberry is establishing a network of publishers of app for smartphones and websites (from now on “Publishers”) who will distribute User Tests to their audience for a compensation, in a similar way they are distributing video ads.

The Researcher sets the targeting criteria and Useberry distributes the User Tests to the audience segments which meet the targeting criteria set by the Researcher. In order to identify eligible Testers whose profile meets the targeting criteria, Useberry has built and operates its proprietary Database, which consists of Data of members of the audience which may be eligible for a User Test. Useberry distributes the User Tests created by the Researcher, collects the Tester’s responses and provides the Researcher with results (the “Results”) which consist of: (a) statistics, analytics, heatmaps, timespan analysis, conversion funnels and user flows. (b) The Researcher’s User Tests questions and the responses to such questions (the “Researcher Survey”).

 

3) SERVICES

As Publisher, you can serve User Tests to your users (Testers) through your application/website. All information is available at the Researcher’s Terms of Service.

In order to constantly improve Useberry platform, and make sure that app users are targeted for User Tests that would be relevant to them when a user is first introduced to the platform a standalone demographic survey possibly will be shown. This survey charges no payment to app Publishers, as it is part of the process users need to go through in order for Useberry to deduce whether they are eligible for survey tendering. Bear in mind that if a User Test is available at that point, the demographic questions will be inserted at the end of the User Test, after the completion of the User Test.

Useberry, may, from time to time, request from you (the Publisher) to provide information about your app/website, in order for Useberry to be able to verify compliance of your app with the terms and conditions of this agreement and in order to verify the sincerity of your registered info and actual operation of your registered app/website. In case you fail to deliver the verification information requested by Useberry, Useberry shall have the right to withhold all due payments until the requested verification information is provided by you.

Pricing, timing and methods of payments may change at any time without prior notice. However, such change will not affect the minimum price of ongoing services; it will apply from the next User Test. Useberry seeks long-term relationships with app Publishers. Consequently, if you chose to delete or otherwise stop the operation of your registered app/website, you agree and acknowledge that Useberry shall not proceed to any payment request to the time period after the date of deletion of your app/website.

If you decide to set rewards in order to incentivize your user to complete User Tests, please have the following in mind: Useberry observers will notify your app/website that the User Test completed in order to offer the reward to users. However, please note that Useberry  reserves the right not to notify your app/website even if they initially correspond to the number and amount of completed User Tests as reported through server-to-server callbacks, at all cases where the monitoring checks of Useberry detect, retrospectively, misrepresentation in relation to completed User Tests, due to system errors or due to fraudulent activity (e.g. false impersonation of user responses).

Server-to-server callbacks, being the standard industry practice for implementing user-rewarding policies in monetization networks, is also the suggested way to reward your own users in case you decide to do so. Other reports or analytics you may be collecting run the risk of being more vulnerable to user fraud, false code implementation, false counting of analytics and several other errors. In case you choose not to implement Useberry’s server-to-server callbacks, please bear in mind that Useberry shall not proceed to any notifications for reward.


4) ACCEPTANCE & MODIFICATIONS

In order to access the Useberry Service you are requested to accept and conform to the present terms of Service (“Agreement”) otherwise you will not have access to our Services.

Useberry reserves the right to modify the terms and conditions of the present Agreement or alter or end its Services at any time at its sole discretion. You are responsible for ensuring that you will regularly review the Agreement. If you choose to continue using Useberry Services after any modifications to the present terms are made, you will be considered to have fully and unconditionally accepted the aforementioned modifications to this Agreement.

5) REGISTRATION

In order to access the Useberry Service, you need to register. In order to register and enable the Useberry platform in your app/website, you have to complete the registration process by providing Useberry all the necessary information requested at the registration form, including email, password and any other information requested. You will then be able to download Useberry SDK and get assigned for an API key for each of your applications/platforms/websites in which you will choose to integrate Useberry. Please bear in mind that Useberry may at all times request from you to provide additional information (other/more than the basic information you provide in the registration process) about you in order for payments to be affected.

You agree to provide only true and accurate information. You further acknowledge that you will control your account and API keys and that you are liable for any unlawful act occurring under your account. You are responsible for maintaining the confidentiality of your password, account information and API keys, and for restricting access to your computer so that others may not access any password protected portion of the Website or other Properties and Services using your name, username, or password in whole or in part. You further take full responsibility for all actions and activities performed through your account. You should inform Useberry for any unauthorized use of your account or any breach of security. Useberry staff may log in to your account from time to time for maintenance and assistance purposes.

6) FURTHER WARRANTIES AND OBLIGATIONS

In order to be entitled to use or continue to use our services, you acknowledge and you agree that you meet the following conditions:

  • You have the capacity to enter and perform obligations. The services provided by Useberry are not available to any person without the capacity to exercise legal rights, or any Publisher disqualified from the system of Useberry for any reason whatsoever.
  • You are in compliance with the terms set by these ToS.
  • You are the owner of the application/website or you have the legal authority to operate it.
  • You will regularly review Useberry’s ToS in order to be informed about potential changes.
  • Your application/website does not include content that: is defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing; or may infringe intellectual property rights of others such as Copyright, Trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party; or Is unlawful or encourages or supports illegal activities; or does not respect and is not in accordance with all standing Laws (including data protection and Protection of Privacy laws as well as COPPA); or invades privacy of the others; or. competes with Useberry’s activity and interests.
  • Your application, if uploaded to the relevant stores, is compatible with Google Android and/or Apple iOS system and respects the Policies set by Google and/or Apple.
  • You will provide your users with detailed information on how and if you collect, store, use, process and disclose information collected through the installation and use of your application on the users’ mobile phone (or through the use of your website), by setting your app’s/website’s privacy policy and asking the users to accept such policy when the application is downloaded or when someone visits your website. The information should expressly mention interoperation of your application/website with Useberry and you will set a link permitting users to access Useberry’s Terms of Service and Privacy Policy.
  • You will specifically notify users of your app/website that by accepting your app’s/website’s privacy policy, they give to you as well as all third parties interoperating with your application/website (such as Useberry) their consent for (1) in the mobile environment: the collection of data pertaining to Device Information, such as Device Ids and similar data as well as all response meta-data, automatically collected by Useberry  through its interoperation with your app & (2) in the web environment: the use and placement by Useberry of a Useberry cookie as well as the collection by Useberry of other response metadata collected through the Useberry plugin operating through your Website. You shall also notify users that they can at all times disable Useberry’s operation platform by visiting the following link https://www.useberry.com/tester-terms.
  • You will not and you ensure that third parties using your application/website will not introduce viruses, worms, harmful code and/or Trojan horses on our services.
  • Your Application-website will be compliant with the GDPR (even if not directly applicable to your business) and/or the EU-US/SWISS-US Privacy Shield & your site’s/app’s privacy policies shall be consistent with the principles set out therein. Your application/website is compatible with all further applicable Laws (IPRs, COPPA, security laws etc) and (if uploaded to the relevant stores) the policies of Google Android and/or Apple iOS systems.
  • By enabling Useberry in your application/website you gain no control whatsoever over the User Tests’ content, the data collected through our surveys, the content displayed through your applications, the rewards offered to the final users who are taking part in the User Tests. You are not allowed to access, use or process the information deriving from our services.
  • You will use different API keys for each different application/website and platform you register Useberry with, for better profiling of the user base; You shall use only one API key per app/website on this platform. You shall operate only one account in the platform. Any attempt to bypass aforementioned obligation (operation of one account only) in order to take advantage of the Useberry scheme via “referring” one account to another account operated by the same Publisher, constitutes a major misuse of the Service and shall be treated as such.
  • Useberry services are compatible and can be used/registered in combination with other online advertising networks.
  • You shall abstain from any misuse of the service and you shall not engage in any fraudulent or deceptive acts in the course of using our Services, including any fraudulent or deceptive activity which aims at gaining direct or indirect profit, benefit or advantage from any available Useberry incentives, offers or other benefits as set by Useberry from time to time. Service misuse and/or fraudulent/deceptive activity, as defined above, includes (but is not limited to) acts of virtual impersonation of allegedly different account operators, “referral” of one account to another account operated by the same Publisher (in order to take advantage of Useberry scheme) use of external machines for purposes of false impersonation, taking advantage of possible bug or similar coding errors which may alter or misdirect calculation of due payments by Useberry and use of methodologies such as VPN connections in order to generate virtual or falsified User Test results. Where such activity is detected by Useberry’s monitoring mechanisms, Useberry may, at its own discretion, immediately block any further use of Useberry services, disable any fraudulent account, recall all possible offers, benefits and bonuses of which the perpetrator(s) may have taken advantage by means of the aforementioned prohibited activity and request from perpetrator(s) to immediately compensate Useberry for any caused damage, harm or loss of profit.

 

7) LICENSES

Subject to the terms and conditions of this Agreement as may be amended from time to time, Useberry grants you a limited, revocable, non-sub-licensable, non-exclusive and non-transferable license to install and enable Useberry SDK or software in your app/website. Under no circumstances should you consider that Useberry software is sold or transferred to you or that you are granted any other right or license other than that specifically mentioned in this Agreement. All the rights, titles etc on the software and Useberry platform, in general, are retained by Useberry.

You, or any third party, will not:

  • Copy, modify, translate or create derivative work of the Software or the accompanying documentation.
  • Decompile, reverse engineer, disassemble or try to access the source code of any Useberry Software or materials except if explicitly permitted to do so by Useberry.
  • Lease, resell, rent or transfer any licenses provided to you by Useberry under this Agreement, including the Useberry products, SDK, documentation or the Useberry services without any written permission from Useberry.
  • Remove any proprietary labels, text, trademarks, graphics or others from Useberry products and services.
  • Publish the source code of the Useberry SDK / Software.
  • Use the software for purposes different than those permitted by Useberry.

 

8) APP-USER DATA COLLECTED BY USEBERRY

Data we collect from app-users through your Useberry-enabled app/website are designated in our Tester ToS & Privacy Policy which constitutes an integral part of this Agreement and is located at https://www.useberry.com/tester-terms. By accepting our Agreement you give your consent in order for Useberry to be able to collect data pertaining to users of your app and you warrant that such collection is fully compatible with your app/website’s privacy policy and terms of use.

You shall specifically provide users of your app all necessary information concerning collection of their data by Useberry through your app and you will make all necessary arrangements in your Terms of Service and Privacy Policies in order to ensure that all user consent for such data collection (collection of app-user Data through the interoperation of your app with Useberry ) is provided by the user of your app.

If the app-user has blocked or has opted out from the processing of certain of his data according to the options presented to the user through the app’s privacy policies, opt-outs and consent mechanisms, Useberry will collect only data made available to Useberry through the above-mentioned policies and for which the app-user has given consent. For example, if the user has disabled his geolocation data, Useberry cannot and will not collect or process such data. Please bear in mind that, if, according to your app’s privacy policies, the user opts-out or does not consent to the collection of certain data without the processing of which Useberry cannot effectuate meaningful User Tests tendering, this may result in the practical inability of Useberry to present User Tests to users of your app.

As a minimum requirement, and in addition to any further (more user-protective) privacy policies you may implement in order to guarantee lawful compliance of your app with the standing Personal Data legislation, you are required to update your app’s Privacy policy by including the following sections in your ToU/ToS/Privacy Policy Documents.

If you are a mobile application Publisher:

“This app uses Useberry SDK. Useberry is an online app prototype user testing platform, through which, anyone may conduct user tests. Useberry collaborates with Developers of applications for smartphones and websites in order to have access to users of such applications and address user tests to them. When a user connects to this app, a specific set of user’s device data (including Advertising ID) and response meta-data is automatically sent to Useberry servers, in order for Useberry to discern whether the user is eligible for a user test. For a full list of data received by Useberry through this app and the way Useberry uses this data, please read carefully Useberry Tester Terms of Use and Privacy Policy located at https://www.useberry.com/tester-terms.

By downloading the application you accept this privacy policy document and you hereby give your consent for the processing by Useberry of the aforementioned data. Furthermore, you are informed that you may disable Useberry operation at any time by visiting the following link https://www.useberry.com/tester-terms and follow the instructions described in section 8. OPT-OUT MECHANISMS.

APPLE, GOOGLE AND AMAZON ARE NOT A SPONSOR NOR ARE INVOLVED IN ANY WAY IN THIS CONTEST/DRAW. NO APPLE PRODUCTS ARE BEING USED AS PRIZES.”


If you are a website owner:

“This website uses Useberry web plugin. Useberry is an online app prototype user testing platform, through which, anyone may conduct user tests. Useberry collaborates with Publishers of applications for smartphones and website owners in order to have access to users of such applications/websites and address survey questionnaires to them. This website uses and enables Useberry cookies. When a user connects to this website, Useberry detects whether the user is eligible for a User Test. Data collected by Useberry will be associated with your results to the User Test whenever Useberry provides such User Tests to eligible users. For a full list of data received by Useberry through this website, please read carefully Useberry respondent terms located at https://www.useberry.com/tester-terms. By using this website you accept this privacy policy document and you hereby give your explicit consent for the placement of a Useberry cookie in your system and the processing by Useberry of the aforementioned data. Furthermore, you are informed that you may disable Useberry operation at any time by visiting the following link https://www.useberry.com/tester-terms (section 8). We once more invite you to check the respondent’s terms of use, if you wish to have a more detailed view of the way Useberry works.

APPLE, GOOGLE AND AMAZON ARE NOT A SPONSOR NOR ARE INVOLVED IN ANY WAY IN THIS CONTEST/DRAW. NO APPLE PRODUCTS ARE BEING USED AS PRIZES.”

9) SHARING OF USEBERRY COLLECTED APP-USER DATA.

Useberry shall not share with you any app-user information collected by Useberry, including any User Test related data, except in the case of internal User Tests (see Section 9 below) and the cases defined below:

(a) We share with you app-user data related to the revenue and performance of your application/website,

(b) Useberry provides to you, where available, completely anonymous statistical/demographic data of users of your app. Such a service shall be provided to you for free, but Useberry reserves every right to determine every aspect of such service (e.g. its content form, its frequency) and to stop or revoke it at any time.

You hereby agree and warrant that any shared data, if and when shared with you by Useberry according to the above paragraphs, shall not be processed by you, in a way that may be illegal or may run contrary to Data Protection and Privacy Legislation, as applicable.

10) PERMITTED ACTS

You are allowed to perform free of charge, in-house User Tests (“via URL”), through the Useberry panel. In case you perform an internal User Test you agree that performance of this Service will be subject to the Researcher Terms and Conditions and in your capacity as Researcher you will comply with the above-mentioned Researcher Terms of Use. This free of charge – in-house User Tests are not transferable to any third party and they can only be performed by you in relation to the applications/websites to which you have integrated Useberry, and solely for the purposes of evaluating your applications/websites and improving the services, you provide to your users. Useberry reserves the right to block such User Tests at its own discretion, in case they are conducted for other purposes than the ones specifically defined herein or in case of breach of this Agreement or in case of breach of standing legislation. The frequency and number of permitted free-of-charge User Tests may change in the future without prior notice.

You can incentivize your users in any way you wish to in order to participate in a User Test and reward them for a completed User Tests received from them.

You can remove or request to postpone Useberry functionality from your application/website at any time. Useberry can be used along with other online advertising networks which also-when uploaded on relevant stores- respect Google Android and Apple iOS policies and standing Laws. You may use Useberry’s services and other ad networks at the same time. You can update your registration information at any time.

To cancel or delete your account you should contact Useberry team with your request at contact@useberry.com.

You can enable or disable Useberry User Tests in your apps/websites.

11) TERMINATION

Useberry reserves the right to terminate this Agreement at any time, without prior notice and without liability, at its sole discretion. Useberry will prohibit you from using its services if you misuse Useberry service, if your application does not comply with Google Android or Apple iOS system and Policies (in case your application is uploaded to the relevant stores), is incompatible with the Laws and does not abide by the Rules – Obligations set forth in this Agreement or if you breach this Agreement in any way.

12) INDEMNIFICATION

You hereby indemnify and hold Useberry harmless and agree to defend against any third party claim or action brought against Useberry or any of its parent, subsidiary or affiliated companies, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) that would constitute a breach of any warranty, representation, covenant or agreement made by you in this agreement. You agree to indemnify and hold Useberry harmless from any claims, damages/injury and costs, including attorney’s fees arising out of or relating to: a) the breach of any term or condition in this Agreement b) the misuse of Useberry service, c) the violation of all and any applicable laws or regulations and/or any violation of any rights of third parties. Useberry will provide you with written notice of any claim, suit or action from which you must indemnify Useberry. Useberry reserves its right to terminate at any time your use of its Services, in case of any breach of the present Αgreement, which may impose liability upon Useberry.

13) DISCLAIMER

Without limitation of anything else set forth in the present agreement you understand and agree that Useberry further limits its liability in connection with your use of its properties as set forth below: Useberry Properties, including, without limitation, all Content, Useberry SDK, the site, the Platform, the panel, the service and the functions made available on or accessed through or sent from the website, are provided “AS IS,” “as available, ” and “with all faults” without warranties implied or statutory including without limitation warranties of merchantability, fitness for a particular use and non infringement. Useberry and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about:

  • Useberry SDK
  • Useberry Content
  • Useberry platform, panel, service
  • Useberry services and functions made accessible on or accessed through Useberry SDK
  • The treatment of any information, content, material or data transmitted by users to the Properties
  • Security associated with the transmission of information through the properties or any linked site

Useberry is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Useberry SDK, site, platform, panel, service, and functions or that the defects will be corrected or that it will be free of viruses. Therefore Useberry does not warrant that the Useberry SDK, site, platform, panel, service, functions contained therein are or will be uninterrupted, error-free, accurate, complete or current, that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components. In case you become aware of any fraudulent activity in relation to Useberry you undertake to inform Useberry as soon as possible.

Useberry is not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to entrant’s or any other person’s device related to or resulting from the participation, access or downloading any materials in a Useberry User Tests.

Useberry makes it best efforts to check the content of the User Tests created by the interested person/entity that commands/orders the User Test, for compliance with standing legislation, but cannot guarantee such compliance and cannot be held liable for any misuse of the Service by the Researcher.

Useberry is not responsible for the non-compliances of the application where Useberry SDK has been registered with Google Android and Apple iOS Policies and the Laws.

14) LIMITATION OF LIABILITY

Your access to and use the Services is at your own risk. If you are dissatisfied with the Useberry SDK, site, platform, panel and service your sole and exclusive remedy is to discontinue using Useberry SDK, site, platform, software, panel, and service. Useberry’s total cumulative liability to you or any other party for any loss or damages resulting from claims, demands or actions arising out of or relating to this agreement will not exceed a sum equal to the 12-month total fees received by you prior to the date any Useberry Liability arose.

15) CONFIDENTIALITY

You undertake not to disclose to any third party any financial, technical, legal information relating to Useberry services, SDK, software, platform or panel. This confidentiality obligation shall not apply (a) if the Confidential information has already been published by Useberry or (b) the disclosure the confidential information is required by law or by the competent authorities.

16) INTELLECTUAL PROPERTY

The past, present and future content of the Properties, including without limitation, copyright works and all intellectual property rights (including Industrial Property rights) such as software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other intellectual property right and/or materials related to the Properties (collectively “Content”) are the sole property of Useberry . Except as stated herein, no rights in or to the Content and/or to the Properties are granted to you.

 

Last Updated: 01-09-2018

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