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General terms of use

and terms and conditions

This page was translated from German. Only the German version is legally binding.

The general terms and conditions of RapidUsertests consist of the conditions towards the clients and the testers.

Preliminary remarks

1. these are the general terms and conditions of use (hereinafter: “T&C”) of www.rapidusertests.com (hereinafter: RapidUsertests). RapidUsertests is a service of Userlutions GmbH, Boxhagener Str. 71 E, 10245 Berlin.

2. RapidUsertests offers services for usability studies to internet companies, agencies, and commercial customers (hereinafter referred to as “Clients”).

3. the scope of activities of RapidUsertests ranges from the provision of usability tests in the form of test videos, quantitative analyses of usage (e.g. duration until task completion) to evaluations of surveys of test persons. The activity of RapidUsertests is limited to the internet.

4. for this purpose RapidUsertests has contact to testers who are willing to participate in remote usability tests (“Tests”). The individual testers (“testers”) are interviewed and selected according to certain criteria before being included in the database (“screening”), so that the subsequent tests can be carried out with the desired target group. The testers perform the test in their natural usage situation (e.g. from home).

5. to perform a test, images of the computer screen and the tester’s voice are recorded while the tester performs tasks on selected web pages or other online elements; afterwards, some questions about design, usability and/or content have to be answered in writing, and ratings and suggestions for improvement have to be given if necessary. Finally, both the video and the post-survey RapidUsertests are made available in their entirety.

 

General terms and conditions for clients

The following part of the GTC applies to the relationship between RapidUsertests and the customer.

 

1. services of RapidUsertests

1.1 Scope of services
The scope of services is fully described with the offers on the website. The agreed service is bindingly assured in the order confirmation. RapidUsertests grants the Customer a non-exclusive license for all rights arising during the processing of the order and within the scope of the order, in particular the rights transferred by the testers.

1.2 Offers
The offers of RapidUsertests are subject to change and non-binding. All prices, product descriptions, technical data and delivery times stated by RapidUsertests are subject to possible changes at any time.

1.3 Time of fulfilment
The service of RapidUsertests is considered to be rendered when the test results have been made available to the client. This can be done via email or a link to the results in your personal customer area. The client has to inform RapidUsertests immediately about test results not received in time to the email address mentioned in the imprint. Retrieval of test results is not necessary for compliance.

1.4 Incorrect or faulty performance
Incorrect or faulty services are to be reported to RapidUsertests immediately, at the latest 10 working days after fulfillment, with a precise description of the test and the nature of the error by e-mail to the address RapidUsertests mentioned in the imprint. RapidUsertests is entitled to the right of supplementary performance. The retrieval of the test results is not decisive for the running of the complaint period.

Note: There is no false or defective performance insofar as the actions of the testers are at issue. RapidUsertests does not interfere with the tests to get reliable and real results.
In particular, a video is considered complete when each test item in the test is completed by the tester and the video ends with the last item, regardless of whether each item was actually successfully completed by the tester.

 

2 Conclusion of contract, prices and terms of payment

2.1 Conclusion of contract
A contract is concluded between RapidUsertests and the customer by the fact that
a) the customer creates a test on the RapidUsertest website and submits the order by clicking the button and and
b) RapidUsertests accepts the order by confirming the order.

Only the data contained in the order confirmation shall form the basis of the contract. The order confirmation must be checked immediately. Any errors must be reported immediately. Errors that are not displayed or incorrect entries (e.g. mistyping of URL, number of testers) are at the expense of the client.

2.2 Prices
The price for RapidUsertests services depends on the number of test persons, the study design and the selected additional services and can be found in the current price list. The tests offered are shown at net prices. For orders within Germany, the net price plus VAT applies. the applicable value added tax of 19%. The full price also applies if the client wishes to use his own testers for the usability study. The binding prices and order contents are contained in the order confirmation.

2.3 Method of payment
The service provision of RapidUsertests takes place after prior payment. The remuneration becomes due with the confirmation of the order. After receipt of the payment or a proof of payment (e.g. transfer confirmation) RapidUsertests provides the agreed service.

2.4 Vouchers
Vouchers are issued by Userlutions GmbH. The use of the voucher is subject to German law.
Vouchers can only be redeemed via the website www.rapidusertests.com and cannot be paid out in cash. Vouchers are not valid on already discounted tests and are subject to time and/or quantity restrictions.
A violation of the terms of use leads to the invalidity of the voucher. In this case Userlutions reserves the right to claim the previously credited voucher amount.

 

3. rights and obligations of the client

3.1 Order
The Customer shall use the study design forms provided by RapidUsertests on the Site (“Order Form”) to specify the Order. A deviation from the order form is in principle only possible by a mutually confirmed written agreement.

The order form and registration must be filled out completely and correctly. All materials, accesses and websites etc. to be provided by the client must be available in full and on time and must meet the technical and actual requirements.

In particular, the websites, mockups or prototypes to be tested and on which the task for the participants (“study design template”) is based must be suitable for the agreed purposes as well as for the agreed screen resolution in the corresponding environment and in the booked type and size and must be accessible in sufficient performance. Without complete information and materials as well as the complete fulfilment of all technical necessities, the execution of the order is not possible. The service cannot be provided.

3.2 Third party rights
By placing the order, the client confirms that he is entitled to use the materials and/or websites and/or any other content or information covered by the order or that they are freely available. If the client is not the owner of the internet site to be tested, he confirms that the owner of the internet site does not object to tests or has prohibited them. The responsibility and liability for the content of the test lies with the client. Claims by third parties based on the content of the test shall be borne solely by the client. The client is obliged to clearly inform RapidUsertests about the content of the tests already when placing the order. The client assures that the test items and materials and web pages provided do not contain any statements in words or pictures that violate legal prohibitions or morality or the rights of third parties (personal rights, rights to a name, copyrights, data protection rights, etc.).

3.3 Data security
The client will not have access to personal data or contact information of the testers. The client may not directly or indirectly request testers to disclose personal data as part of the test. Should testers nevertheless disclose personal data about themselves in the course of the test, these may neither be used by the client himself nor passed on to third parties. Claims of RapidUsertests for payment of the agreed remuneration or damages remain unaffected.

Furthermore, the Customer is prohibited from any action that is likely to impair the functionality of the database of RapidUsertests or the website of RapidUsertests or to burden it excessively. In particular, the Customer is not allowed to use any data which, due to its nature or condition, size or duplication, is likely to endanger the existence or operation of the database or the website of RapidUsertests or the computers of the testers.

Videos, images and text (excerpts) from tests, results or other information may be published if the source “RapidUsertests” is mentioned.

If the customer has created a user profile at RapidUsertests, he is obliged to keep his password secret, to keep it safe and not to make it accessible to third parties. If the password becomes known to a third party, the customer has to inform RapidUsertests immediately by e-mail or in writing, so that the old password can be blocked and a new password can be assigned. The user acknowledges that he is fully responsible for the actions of any third party to whom he makes his user account available. Any claims for remuneration that may arise are included in this. When communicating by e-mail, we cannot guarantee complete data security, so we recommend that you send confidential information by post.

 

4. rights and obligations of RapidUsertests

4.1 Fulfilment of obligations
RapidUsertest is obligated to fully comply with the agreed contractual obligations within the scope of the mutual agreements. RapidUsertests provides its service on an “as is” and “as available” basis. RapidUsertest cannot guarantee that the service will be available at all times and will function without restriction. Likewise, it cannot be ruled out that there will be performance delays and impairments due to events and circumstances beyond the control of RapidUsertests, e.g. the availability of the Internet.

RapidUsertests is obligated to fulfill the agreement within the time period stated on the website. If the agreed schedule is delayed due to poor participation (e.g. low response rate or high dropout rate), the client grants RapidUsertests a reasonable extension of the schedule. After expiry of the extension period, the advance payment will be refunded.

4.2 Confidentiality
RapidUsertests undertakes to treat all information received from the client as strictly confidential and to use it exclusively for the execution of the order.

In addition to clause 4.2 of the General Terms and Conditions, RapidUsertest commits to the Client to keep confidential the Client’s trade and business secrets (e.g. websites, prototypes, designs, innovations, or other innovations) and to refrain from making recordings, copies, recordings, etc. of the trade and business secrets disclosed to the testers in the course of the tests. This includes results, intermediate steps or parts of the result of the respective test. Terms and conditions for testers

4.3 Storing the test results
The test results are accessible via the RapidUsertests website and are stored on the RapidUsertests servers for at least 10 years after the service is provided and first made available. The client will be notified by email before the data is deleted.

4.4 Self-promotion
RapidUsertests has the right to use the name of the customer (including the use of the logo) as a reference for self-promotion. This also applies to self-advertising on the Internet, in particular at rapidusertests.com.

 

5. rejection of orders, withdrawal and right of revocation

5.1 Rejection
RapidUsertests is entitled not to accept orders. RapidUsertests will inform the customer immediately about the rejection.

5.2 Right of withdrawal of RapidUsertests
RapidUsertests is entitled to withdraw from a concluded contract if RapidUsertests is foreseeably unable to perform the tests for a significant period of time.

6. release from liability by the client

6.1 Exemption
The Customer indemnifies RapidUsertests, its officers, directors, employees, partners and suppliers against all damages, losses and expenses (including legal fees and expenses of the lawyers engaged by RapidUsertests) which RapidUsertests has to pay in total or individually in the context of legal proceedings or as a consequence of threatened or asserted claims resulting from a non-compliance by the Customer with the warranties and obligations given by the Customer in the contract or on the basis of the contract or from the content of the usability test including embedded links or from the circumvention of legal provisions by the Customer, including but not limited to the European Union. or the content of the usability test including embedded links or the circumvention of legal provisions by the Customer, including but not limited to the European Directive on Privacy and Electronic Communications (2002/58/EC).

6.2 Use of the test results
The client is free to use the test results and the related information. RapidUsertests is not liable for claims arising from publication, use or disclosure. In particular, RapidUsertests does not guarantee an increased frequency of site usage or an increase in orders or sales. Note: The data included in the test results are based on individual sample surveys. They can be interpreted freely.

6.3 Content of the tested websites
RapidUsertests is not liable for the content of the tested websites and related links or content.

6.4 Behaviour of the testers
RapidUsertests is not liable for any statements made or actions taken by testers during testing.

6.5 Execution of an order during a test
Orders placed during a test are not legally valid under any circumstances and do not result in a legal obligation. If an order is triggered, it is invalid in any case, especially if the specifications of the test had excluded an order. Testers and clients or site owners do not become contractual partners under any circumstances during the test. Insofar as external sites are tested, any obligations arising nevertheless directly affect the client.

6.6 Setting the operation
RapidUsertests reserves the right to cease operations at any time without giving reasons or prior notice. Advance payments made will be refunded if RapidUsertests has not provided the contractually agreed service at the time of discontinuation. All other claims are excluded, unless the applicable laws and the terms of use expressly provide otherwise.

 

7. severability clause

If individual provisions of these General Terms and Conditions and/or of the contract supplemented by you are or become invalid, the validity of the other provisions shall not be affected thereby and the contract and these General Terms and Conditions shall remain effective for both parties. Place of performance of a test is the registered office of RapidUsertests. The exclusive place of jurisdiction is Berlin.