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:
– For a new app, not yet published:
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”).
As Publisher you can serve User Tests to your users (Testers) through your application/website. All information is available at 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 deduct 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.
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 effected.
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 login 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:
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:
8) APP-USER DATA COLLECTED BY USEBERRY
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.
If you are a mobile application Publisher:
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:
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 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 firstname.lastname@example.org.
You can enable or disable Useberry User Tests in your apps/websites.
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 to the Rules – Obligations set forth in this Agreement or if you breach this Agreement in any way.
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 .
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 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.
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.
17) PRIVACY- GENERAL
Useberry is GDPR compliant.
GDPR is the new EU regulation for protection of personal data and marks a new era in data protection, being the most significant piece of privacy legislation in Europe in the last twenty years. It replaces the 1995 EU Data Protection Directive (European Directive 95/46/EC), strengthening the rights of EU citizens over their data and creating a uniform data protection law across Europe. See the full GDPR guidelines here: https://www.eugdpr.org/.
Useberry processes Personal Data in accordance with the GDPR requirements directly applicable to Useberry’s provision of its services, which shall come into force on 25 May 2018. In particular, Useberry processes personal data only in accordance with GDPR data protection principles and GDPR data protection provisions. Useberry also implements appropriate technical and organisational measures and demonstrates compliance and ensures that both in the planning and implementation of processing activities, data protection principles and appropriate safeguards are addressed and implemented (data protection by design and default).
17.2 WHAT DATA WE COLLECT FROM YOU- HOW WE USE THEM
Useberry only collects Registration data and app/website information about you and your app/website. In order to register your app/website with Useberry you have to register and create an account providing your email, password. In order to enable Useberry in your app/website you have to provide information about your app/website such as title, link etc.
Your registration information is kept securely and not disclosed to any third party for any reason. Your registration information data may be used for contacting you occasionally (for platform announcements, account activation etc.). Your app information may be used for retrieving more information for your app from the relevant stores. Publicly available information regarding your app/website may be shown at the website, showcases, presentations or other services or activities, provided or used by Useberry. Your app/website information may be used in conjunction with your registration information in order to inform you about Useberry revenue and statistics through your app/website-Useberry usage information gathered through your app/website. Furthermore, your app/website information may be used in order to monitor the behavior of the platform and improve future services.
We may work with third-party service providers to provide maintenance services, data analysis, service hosting, and other services for us. These third parties may have access to or process your personal information as part of providing their contracted services to us. We require the aforementioned third-parties to agree to only use the personal information we provide them only for the purpose for which it was provided and to agree and warranty that all the processing operations in which they engage shall be lawful and compliant with the provisions of the GDPR, even if not applicable directly by Law to their business, and any other Data Protection Legislation which may be applicable to their business. In particular, we require that they provide, in particular in terms of expert knowledge, reliability and resources, sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
We may disclose your information, if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity or other legal process.
We also reserve the right to disclose your information, including personal information, as we believe, in good faith, if it is appropriate or necessary to take precautions against liability; to protect Useberry and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service and our other property; or to protect the rights, property, or safety of us, our users, or other persons or entities.
Useberry may use from time to time at its own discretion, screenshots from a developer’s app/website to expose and market the different ways of Useberry integration.
Useberry complies with applicable Data Protection legislation and cooperates with reliable cloud hosting service providers. Useberry cooperates with such cloud hosting providers who are either located within the E.U. (and therefore are obliged to comply with all EU Data Protection Laws and Regulations) or may be located in the US. In the latter case, US located cloud hosting providers are selected by Useberry, on grounds of US providers being certified members of the U.S. – EU Privacy Shield companies (https://www.privacyshield.gov/list ).
Finally, we use commercially reasonable physical, managerial, and technical safeguards in an effort to preserve the integrity and security of your personal information. All data and responses are transferred via HTTPS/SSL secure channels to ensure the secure exchange of data between the users’ devices and Useberry servers. We cannot, however, ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission of personal information, we make commercially reasonable efforts to ensure the security of our systems. Please be aware, however, that this is not a guarantee that such personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we will attempt to notify you electronically so that you can take appropriate protective steps. We shall post a notice through the Service if a security breach occurs and we shall notify the personal data breach to the supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of it, in case the personal data breach is likely to result in a risk to the rights and freedoms of natural persons.
Useberry takes all necessary action to comply with COPPA and protect the rights and safety of Minors. By minors we mean individuals under the age of majority in their residence. We make efforts to exclude Minors from any collection of data and therefore we delete any information and data that has come to our attention that is related with Minors without any notice.
17.3 YOUR PRIVACY RIGHTS
In your capacity as a data subject whose data is collected and processed by Useberry, we inform you that you have the rights provided to you under the GDPR and, in particular, you have (a) the right to withdraw your consent at any time and without detriment, without affecting the lawfulness of processing based on consent before its withdrawal, by notifying such withdrawal to us via email with the subject “Data processing consent withdrawal” at the following email address email@example.com ; (b) the right to request from Useberry access to and rectification or erasure of personal data or restriction of processing concerning you and to object to processing as well as the right to data portability; (c) the right to receive notification regarding rectification or erasure of your personal data or restriction of processing that is takes place following your request; (d) the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, and (e) to lodge a complaint with a supervisory authority..
17.4 CONTACT INFO/REPRESENTATIVE IN THE EU/DATA PROTECTION OFFICER
Please contact us with any questions or comments about this Policy, your personal information, our third-party disclosure practices, or your consent choices by email: firstname.lastname@example.org.
Useberry designates as its representative in the EU, who acts on Useberry’s behalf and who may be addressed by any supervisory authority and be subject to enforcement proceedings in the event of non-compliance with the GDPR by Useberry, Mr Thodoris Tokis, who can be contacted at the following address: email@example.com. Useberry remains fully liable under the GDPR. Useberry appoints as a Data Protection Officer Thodoris Tokis, who can be contacted at the following address: firstname.lastname@example.org.
18) GOVERNING LAW & MISCELLANEOUS
20) CHANGES AND UPDATES TO THIS POLICY
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 present 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.
Last Updated: 01-09-2018