You (the client) are responsible for the usability test content you provide (scenarios, tasks, links and other parameters you set). The tests you buy are subject to Testify's approval.
You provide the right to Testify to publish your project in order to get testers to conduct the test. You acknowledge that Testers are independent contractors of Testify and not employees. All Testers must agree to the Terms and Conditions for Testers prior to conducting any Usability Testing services for any Client. All Testers are bound to keep confidential any and all Client IP relating to the Elements being tested. The Client acknowledges that other than requiring Testers to accept the Terms and Conditions for Testers, and requiring Testers to use certain proprietary software and procedures, Testify cannot be held responsible for all actions of Testers. Testify recommends that Clients implement certain security procedures to maintain the confidentiality of Client IP relating to the Elements tested. However, the Client assumes all the risk related to providing access to the Elements to Testers, and any actions or public disclosures that any such Tester may proceed to. The Client hereby releases Testify from and against any claims, actions, liabilities related to any action taken by a Tester in their performance of Usability Testing services on behalf of the Client.
Testify may remove the Client's usability tests from its servers at any time after ninety (90) days of the date the test was conducted without notice to the Client.
You are not allowed to communicate directly with the testers. You are not allowed to hire Testify's testers to conduct usability tests directly bypassing Testify.
You are not allowed to require a Tester to upload any personal information, including without limitation credit card or social security number, as part of any project or during the performance of any Usability Testing services.
Testify may use the Clients company name and logo on client lists, on the Testify website, on marketing materials and to promote Testify's service in any way.
The Testify service is provided AS IS. You agree that Testify makes no representations or warranties relating to any Tester, or Test Results, and you assume all risk related to the Client's use of any Test Results or any portion thereof.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS AND CONDITIONS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. WITHOUT LIMITING THE FOREGOING, THE CUMULATIVE LIABILITY OF A PARTY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS ARRANGEMENT, FOR ANY REASON AND UNDER ANY CIRCUMSTANCE, SHALL NOT EXCEED THE AMOUNTS PAID AS OF SUCH TIME BY CLIENT TO TESTIFY IN CONNECTION WITH THE PROJECT GIVING RISE TO SUCH LIABILITY.
You and Testify are independent parties. Nothing in these Terms should be interpreted as you are an agent, employee, joint venturer, partner or legal representative of Testify.