General terms and
conditions for testers
This page was translated from German. Only the German version is legally binding.
The participation in usability tests of rapidusertests.com is subject to the following general terms and conditions for testers:
1 These are the General Terms and Conditions for Testers (hereinafter: “Terms and Conditions for Testers”) of www.rapidusertests.com (hereinafter: RapidUsertests) for the participation in usability tests. RapidUsertests is a service by Userlutions GmbH, Boxhagener Str. 71 E, 10245 Berlin.
2. RapidUsertests offers services to internet companies, agencies and other commercial customers (hereinafter referred to as “clients”) to conduct usability studies. For this purpose, RapidUsertests has a database of testers (“panel”) 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 panel (“screening”), so that the subsequent tests can be carried out with the desired target group. The testers carry out the test in their natural usage situation (e.g. from home).
3. 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 are made available in their entirety to RapidUsertests.
1. Scope of Application
These current General Terms and Conditions of RapidUsertests (“GTC”) apply to the relationship between RapidUsertests and testers.
2. Registration and Test Participation
- The legal registration requires the age of majority.
- The tester applies for participation by sending an application video. RapidUsertests decides freely about the inclusion of the tester in the database. The admission is free of charge and does not lead to any remuneration. Any expenses for the production of the video shall be borne by the tester.
- When setting up the user account, a freely selectable user ID and password must be entered. The selected user ID must not infringe any rights, in particular the name or trademark rights of third parties, and must not offend common decency.
- It is not permitted to register a user account for a third party. Likewise, testers are prohibited from maintaining multiple user accounts.
- Participation is only possible if the tester meets the technical requirements for a successful test.
- a broadband Internet connection (at least DSL)
- a PC (operating system Windows XP or higher) or Mac (with Mac OS X 10.6 or higher) with min. 1GB RAM and 500MB free hard disk space
- a working microphone
- a valid e-mail address or a valid PayPal account.
If the technical requirements are not met, successful completion of the test is not possible. The reimbursement of an unsuccessful test is excluded.
- The registration at RapidUsertests does not oblige the registered tester to participate in the test. The registered tester can decide freely with each new test call whether he/she wants to participate or not.
- For test participation, the principle of “the fastest feedback” applies among the invited testers.
- Before taking a test, the tester must independently verify that he or she meets all the requirements for the test. Information provided by testers who take part in a test without fulfilling all the requirements will not be taken into account in the analysis and will therefore not be rewarded.
- Each registered tester can only participate once in a test after a test call. This also applies if the tester receives several invitations for a test.
- The tester registered at RapidUsertests is not entitled to participate in a certain number of tests. The number of test calls depends on the type of orders received by RapidUsertests and on the socio-demographic data of the registered tester. Therefore, there is no guarantee about the participation in tests. RapidUsertests is free in its decision about the test participation. This also applies if the tester has received an invitation.
- RapidUsertests has a general right of final decision on the admission and retention in the database and participation in the individual tests.
- The registered tester can cancel or delete his registration with RapidUsertests at any time. For this purpose, an informal notification in the form of an email to the email address of RapidUsertests mentioned in the imprint is sufficient. This email must contain the email address under which the tester registered with RapidUsertests and the note “please delete”. All tester data will be deleted from the database within 14 days.
- RapidUsertests does not pass on any address data to its clients. Conclusions about individual testers are therefore not possible.
3. Duties of the Testers
3.1 To register with RapidUsertests, personal information such as name, contact information, PayPal account, gender, age and other information is required. The participant declares that the information he/she provided during registration or in subsequent queries is correct. The tester is obliged to keep the specified data up to date and to make any necessary adjustments without delay.
3.2 The tester obliges during his participation in the test to
- no insulting or defamatory ones,
- not harassing or supporting harassment of another person,
- no pornographic and/or erotic content or content that violates youth protection laws,
- not supporting racism, bigotry, hatred or physical violence of any kind against any group or individual; and
- not to post any content or comments that promote illegal activities or behaviour, in particular content that glorifies violence or incites hatred,
- make all statements in the tests correctly and to the best of our knowledge and belief.
Furthermore, the tester assures that all services provided by him for RapidUsertests do not contain any illegal content, especially that they do not violate any copyrights, personal rights or other intellectual property rights of third parties, or are relevant under criminal law in any way.
3.3 The tester agrees to keep all business and trade secrets of RapidUsertests and its customers confidential and not to publish or disclose them to third parties, unless this is done on the instructions of RapidUsertests or the customer, or these business and trade secrets are to become public knowledge through no fault of the tester, or a party is obligated to publish them due to legal, official, or judicial order. In the latter case, the tester has to inform RapidUsertests – as far as permissible – about the intended publication in text form in advance and to take the legally permissible and necessary precautions to keep the extent of the publication as small as possible.
The results, intermediate steps or parts of the result may not be copied or otherwise recorded. No screenshots or own recordings of any kind of the test are allowed. The tester is not allowed to give his personal contact information to the clients in connection with the contractual relationship.
If it is necessary to download a file for a test, the tester agrees to delete this file after the test has been completed. Likewise, in the event that a password-protected or non-public website is visited for a test, the tester undertakes to use the access granted to him/her only within the framework of the test and not to grant access to third parties or to provide the necessary data.
3.4 The tester commits himself not to contact the clients through the website of RapidUsertests or in any other way with the aim to offer them own similar and/or competing services. This also applies if he is contacted directly by the client. If the tester violates his duty of confidentiality and in the process information about websites, prototypes, designs, innovations or other innovations of the client become known, he will hold RapidUsertests harmless from all resulting claims. This also applies to indirect infringements, such as when third parties are provided with access codes, passwords or links to hidden pages.
4. The Obligations of RapidUsertests
4.1 RapidUsertests agrees to pay the user a non-cash fee via PayPal upon successful completion of a test. A successful test requires that the test has been completed, no technical problems or compatibility issues have occurred, and the invited tester has been selected based on the fastest feedback principle. If the client is dissatisfied with the video and demands his money back, RapidUsertests can refuse to pay the fee. RapidUsertests reserves the right to change the frequency or method of payment at any time. These changes will be communicated to testers via email.
4.2 RapidUsertests provides the tester with the necessary links to the products and services to be tested as well as a recording program. If a tester’s computer equipment does not meet the standard required for the test or is technically incompatible, the test cannot be performed successfully.
5. Transfer of Rights
5.1 The tester agrees to the storage of all data collected about him. He agrees that his data will be used anonymously by RapidUsertests. In particular, he/she agrees that audio recordings of his/her voice will be made during the test and that the activities on the screen will be recorded (screen recorder).
5.2 If the screen recorder is used correctly, it is not possible to invade the privacy of the tester. It is the tester’s responsibility to ensure that the screen recorder is not used in a manner that invades his or her privacy or discloses confidential information. Should this nevertheless be the case, he may withdraw from the test. RapidUsertests must be informed of any withdrawal. The resulting data will be completely deleted. A resignation prevents a successful test.
5.3 The tester assigns to RapidUsertests with immediate effect the exclusive, temporally, spatially and contentwise unrestricted copyrights, ancillary copyrights, image copyrights, name copyrights, format copyrights and other intellectual property rights as well as the resulting remuneration claims to all works, services and performances which are the subject of this agreement or which are created occasionally or in connection with the performance of the contractual obligation assumed hereunder, format and other property rights as well as claims to remuneration resulting therefrom for comprehensive commercial exploitation, in particular for use as often as desired in all media, processes and systems, lecture, performance and demonstration purposes, for broadcasting purposes and for the production and distribution of statistics, print, audio, audiovisual and electronic reproduction pieces for commercial and/or private use as well as for other comprehensive commercial exploitation. RapidUsertests accepts this transfer of rights and is thus entitled to use the test results including all statements, comments, suggestions for improvement, recommendations as well as all recordings of any kind as well as any further developments resulting therefrom in whole or in part (test results) in all areas of audio-visual media, the internet, sound carriers, print media as well as for other commercial evaluation comprehensively as often as desired. This grant of exclusive rights shall also include, but not be limited to:
- The right to place the test results in databases and data networks and to evaluate them in (also interactive) retrieval or access systems/services, irrespective of the storage or data transmission technology used.
- The right to use excerpts of the test results for advertising purposes for RapidUsertests and its services as well as for its possible clients, e.g. in trailers, posters, billboards, advertisements, commercials, teasers, in online services, on the Internet, etc.
- The archiving and database right, i.e. the right to store the test results in analogue or digital form, online or offline, to process them, to access the test results stored in this way at any time, in particular by means of (also individual) retrieval, and to enable third parties to access them (including downloading).
5.4 The tester waives his right of access according to § 25 UrhG towards RapidUsertests and third parties involved in the contractual evaluation of the rights of use granted by the tester. RapidUsertests is unrestrictedly entitled to grant the aforementioned rights in whole or in part to third parties for exclusive or non-exclusive use, to make use of third parties in the preparation and execution of acts of use. RapidUsertests is not obliged to exercise the rights and powers conferred on it above. The rights to be granted to RapidUsertests according to these provisions are transferred upon conclusion of the contract or – if they have not yet arisen at that point in time – at the moment they arise for the tester. Any termination or other termination of the contract by either party shall not affect the provisions of licensing law, in particular the above agreed transfer of rights accrued up to that point.
6.1 RapidUsertests will pay the participants who have successfully completed the test the agreed net remuneration. An unsuccessfully performed test does not lead to a claim for compensation. RapidUsertests will transfer the previously specified compensation to the PayPal account specified by the registered tester. Other methods of payment are not possible.
6.2 Payment of all credits is made once a month, on the 15th day of each month.
Payment will be made:
- On the tester’s working PayPal account;
- The tester will be paid no later than 30 days after the completion of the test;
- Payment will be made in €.
RapidUsertests reserves the right to refuse to pay a testing fee if:
- Incorrect or misleading profile information has been provided;
- The tester has created duplicate accounts;
- The test was performed under poor conditions (e.g. loud background noise, no audio, poor sound quality, etc.);
- The test was incomplete (e.g., the thoughts were not consistently spoken aloud, the written questions were not completed meaningfully, the tasks were not completed fully or correctly, etc.);
- The test was carried out very poorly (assessed by the client)
- The specific requirements for the test were not met;
- The test had already expired.
RapidUsertests only remunerates fully completed tests and only if the above guidelines are met. A time-dependent remuneration has not been agreed.
6.3 If the Client provides RapidUsertests with contact information of certain persons to participate in its test, RapidUsertests will invite them according to these T&C. If the client decides that the participants did not fulfill the test according to his requirements, this will be communicated to RapidUsertests as well as to the tester. In this case RapidUsertests is not obliged to make a payment to the tester.
6.4 The Tester will pay its own taxes on its remuneration and confirms that it will pay all taxes and other duties that may be required by law. The remuneration covers all services including the transfer of rights in full (total buy-out). The remuneration is reasonable within the meaning of § 32 para. 1 UrhG.
7. Personal Information
Under the following circumstances, RapidUsertests may share information that could personally identify the tester:
- The videos with the user’s voice are anonymously forwarded to the principal, who in turn can share them with his employees and/or agents.
- The videos can be uploaded anonymously as sample videos on the RapidUsertests website. RapidUsertests will use reasonable efforts to prevent the Videos from being downloaded from the Website, but only viewed. However, RapidUsertests cannot guarantee that third parties will not find a way to download the videos.
- For legal reasons, to protect themselves or others.
- And to identify the defendant in claims for damages or to prove the meritlessness of claims.
RapidUsertests may extract statistics and other non-personally identifying information from the tests and use, exploit, reproduce and disclose such information without limitation.
8. Termination of the Business Relationship
If the business relationship between a tester and RapidUsertests is terminated by a tester, RapidUsertests will make all outstanding payments. RapidUsertests reserves the right to terminate the business relationship in case of violation of the terms and conditions. As far as necessary, RapidUsertests will withhold the outstanding payment for 3 months to secure possible claims for damages.
9. Data Storage and Security
All information submitted to RapidUsertests is stored on secure servers. All payments are encrypted by SSL. The tester is responsible for keeping his username and password of the RapidUsertests account secret and is liable in case of negligent misuse.
The transmission of information over the Internet is not completely secure. RapidUsertests will use reasonable efforts to protect the tester’s personal information, but cannot guarantee the security of any information transmitted over the Internet. Any transfer is therefore at the risk of the tester. Once the data is received, RapidUsertests will implement appropriate processes and security features to attempt to prevent unauthorized access.
10. Proprietary Rights of the Website Content
The content of this website, in particular all texts, tests or parts of tests, images, graphics, logos, as well as their arrangements, are subject to copyright and other laws protecting intellectual property. The texts, tests, images, graphics, logos, etc. provided on our website may not be changed, copied for commercial purposes or used on other websites.
Tester agrees not to copy, reproduce, modify or publicly display any content from RapidUsertests’ website. Unless the specific content or component is intended for this purpose and marked accordingly, e.g. embedding in tweets or links in social networks.
RapidUsertests makes every effort to provide accurate information and data on its website. However, any liability or guarantee for the topicality, correctness and completeness of the information and data provided is excluded. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. Likewise, RapidUsertests assumes no liability or guarantees for test contents and contents of the tested internet pages as well as for links or further information in tests or on the tested internet pages. All offers are subject to change and non-binding. RapidUsertests expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of parts of its own pages or the entire website without prior notice. RapidUsertests further does not warrant that rapidusertests.com will be accessible and error free at all times.
This also applies to all other directly or indirectly listed websites to which reference is made by means of a hyperlink. RapidUsertests is not responsible for the content of such websites reached by these links. Furthermore, RapidUsertests is not liable for any direct or indirect damages, including lost profits, resulting from the use of the information or data found on this website. Rights and obligations between RapidUsertests and the user of this website or third parties are also excluded. The tester is obligated to compensate RapidUsertests for any costs incurred by RapidUsertests as a result of claims being made against RapidUsertests by third parties on the basis of content created by the tester. In this context, RapidUsertests expressly points out that, as part of quality assurance, checks are carried out on services provided by testers for any copyright infringements.
By clicking on the T&C checkbox these T&C are accepted. RapidUsertests is also entitled to change the conditions for participation. The participant will be notified of any changes to these conditions of participation by e-mail. No employment relationship or other continuing obligation is entered into with the tester. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact. All information or data, their use and the registration to the website as well as all actions, toleration or omissions in connection with the website are exclusively subject to German law. The place of jurisdiction is Berlin.