Go Testify - Customer Terms of Service

1. Introduction

These terms of service govern your use of this Platform and accompanying applications; to use the Go Testify Platform you must accept these terms in full. You must also agree to the following policies: Privacy Policy. These combined policies represent an entity the “agreement”.

If you disagree with these terms or any part of these terms, you must not use this Platform or associated applications.

This Platform and associated applications use cookies. By using this Platform and agreeing to these terms, you consent to our Go Testify's use of cookies in accordance with the terms of Go Testify's Privacy Policy.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

By accepting these Terms of Service as indicated below, you represent and warrant that you are 18 years of age or older, and that you have read, understood and agree to the entire Agreement. You also acknowledge that you have permission if agreeing on behalf of a third party e.g. company, to accept these provisions on their behalf. Go Testify are in their right to request said permission, if required.

1.1 Overview

Go Testify provides a software Platform (the “Platform”) to enable Go Testify and/or its Customers (“The Customer”) to gain feedback and insight into their content, including but not limited to games, apps, design, branding, marketing or advertising content. A person who uses the Platform to provide feedback is referred to as a “Participant”.

The Customer also has the ability to recruit and manage their own participants outside the platform and use Testify as a test distribution and feedback platform only, referred to as “Customer participants” to provide feedback.

1.2 Screening of the Participants

The platform enables the customer prior to test launch to dictate who will send invitations (the “test invite”) for participants to take part in tests according to your testing requirements e.g. demographic requirements. If a test is sent to a participant they then will be accepted or rejected for the test by participating in the “Screening” process, if a screener is applicable.

The Screening process is a set of questions tailored to meet the needs of the test to ensure the participant meets the Customer’s requirements of the correct target audience. If a tester is applicable they will be directed to take part in the test.

The content that is provided as feedback (the “Session”) from the participants may include but not limited to audio, video, touch interactions, input data, survey responses. The sessions are available for viewing by Customers on the Platform.

1.3 Participant Rewards

Go Testify are responsible for the payment of Participant rewards for their participation in the Playtest.

Any Customer who wishes to use their own Customer participants may offer a reward independently of the Go Testify Platform. Go Testify bears no obligation in regards to that reward and the redemption of that reward. Any enquiries in relation to the reward should be communicated between said Customer and Participant directly.

Disclaimer

Participants are neither employees or agents of Go Testify but are independent individuals who choose to use the Platform to engage in Tests. Go Testify reserves the right not to review or control the content of the Screener Responses or Recordings. Go Testify expressly disclaims from all liability for the acts of participants or for the content or accuracy of the screen responses, survey responses, recordings or other player feedback data. Customers' use or reliance on this information is at its sole risk.

2. Access to the Platform

2.1 Orders and Payment terms

“Orders” can be completed in the following ways:

  1. Online payment during the test setup process on the Go Testify platform known as “Pay as you Go” using online payment gateway.
  2. Invoiced payments based on an agreed and signed quotation/SOW, the “Quote”.
  3. Invoiced payments based on an agreed “Subscription” and signed contractual agreement

This can be chosen or requested by a customer depending on preferred order and payment method.

The Quote includes details but not limited to, the test method, launch date, est. completion date, demographics, applicable fees and payment terms.

Customers under a subscription based contract will be provided a detailed contractual agreement and invoice including but not limited to: num user accounts, length of subscription, credit allocation for test usage, support time, accessible platform features inc automation, terms. Note. unused credit allocation will be forfeited at the end of the subscription period unless otherwise agreed in writing.

2.1.1. Fees and Payment Terms

The Customer shall pay the amounts (“Fees”) set forth in each quote in consideration for its access to and use of the Platform. All Quotes are non-cancelable, and Fees are non-refundable once the Customer has signed off on the quote and the test has launched.

The Customer will be responsible for paying Go Testify’s additional fees as applicable if the Customer’s usage of the Platform exceeds the parameters set forth in the applicable Quote.

Additional fees (if applicable) may be found in the Quote or on Go Testify’s website.

Once the Customer signs off on the Quote an invoice will be automatically generated.

When Go Testify invoices Customer for Fees, Customer shall pay to Go Testify the full amount based on the payment terms set out within the Quote.

If Customer disputes an invoice, the Customer must immediately notify Go Testify and pay the portion of the invoice not in dispute. Overdue, undisputed invoices that remain unpaid shall be grounds for Go Testify to terminate the Customer’s access to the Platform without refund of any amounts paid.

Should Go Testify be unable or unwilling to continue providing access to the Platform under the terms of the Agreement for reasons other than breach of the Agreement by the Customer, Go Testify will refund to the Customer a prorated portion of the Fees paid for the unused portion of the Subscription Term, and upon such refund shall have no further liability to Customer with respect to such discontinuance of service. Except as provided for in the previous sentence, all Fees owing are non-refundable.

2.2 User Accounts

Account creation on the platform specifies the Customer’s right to license the creation of user accounts on the platform (up to an agreed maximum)  with various levels of test and account access.

The Customer shall also be permitted to assign administrator privileges to specific user accounts, allowing such administrator to manage account access and assign accounts to Users within Customer’s organization (subject to limitations on assignment as set forth herein).

2.3 Account Registration

To obtain access to the Platform, the Customer will be required to register an account. When registering with Go Testify, the Customer must:

By registering with Go Testify, the Customer agrees that Go Testify may send communications regarding the Platform or Services, including, but not limited to, promotional information and materials regarding Go Testify’s other products and services.  You have the ability to opt out of this at any stage by email support@gotestify.com.

2.4 License

Subject to the terms and conditions of this Agreement, Go Testify grants to Customer a non-exclusive, non-transferrable, right and limited license to access and use the Platform during the tests or agreed subscription term, solely for the Purpose and for Customer’s internal business use.

The Customer’s access confers no title or ownership with the Go Testify Platform.

Unless otherwise stated, Go Testify and/or its licensors own the intellectual property rights in the Platform and material on the Platform. Subject to the license below, all these intellectual property rights are reserved.

The Customer’s access to the Platform is subject to your prior acceptance of these Terms and your compliance with section 2.5.3 - Platform Usage. 

Except for use of the Platform as permitted herein and within any proposal previously agreed, any other use of the Platform, or any respective parts is strictly prohibited and infringes Go Testify property rights and may subject you to civil and criminal penalties, including possible monetary damages.

2.5 Customer responsibilities

2.5.1 No Reverse Engineering

Customer shall not (and shall not permit any third party to):

If a Customer violates this section, Go Testify may immediately deny the Customer access to the Platform, or any portion of thereof, without notice or refund.

2.5.2 User Account Usage

Unless otherwise expressly permitted, each user account must be assigned to a named employee or agent of Customer (each, a “User”) and may not be used by more than one individual.

In the event a User is terminated from Customer’s organization or otherwise reassigned to a new role or department, Customer may reassign a user account to another employee or agent.

2.5.3 Platform Usage

Customer shall not do any of the following (each a “Restricted Activity”):

Go Testify may suspend a Customer’s access to the Platform if it determines that the Customer has engaged in any Restricted Activity. Go Testify will provide the Customer with prompt notice if it suspends a Customer’s access to the Platform pursuant to a Restricted Activity and will restore access as soon as reasonably practicable once the situation is remedied.

The Customer understands and agrees that Go Testify may monitor all use of the Platform for security, operational, improvement and performance purposes.

3. Intellectual Property

3.1 Go Testify Property

“Go Testify Property” means:

All rights, title and interest in Go Testify Property shall remain the exclusive property of Go Testify and/or its licensors. Go Testify Property is the confidential and proprietary property of Go Testify or third parties from whom Go Testify has obtained the appropriate rights. No right or license is granted or implied under any of Go Testify’s, or its licensors’, patents, copyrights, trademarks, trade names, service marks or other intellectual property rights beyond the rights and restrictions set forth in the Agreement.

3.2 Customer Property

“Customer Property” means all material uploaded or inputted into the Platform by Customer.

All rights, title and interest in Customer Property shall remain the exclusive property of Customer and/or its licensors.

Customer Property is the confidential and proprietary property of Customer or third parties from whom Customer has obtained the appropriate rights. No right or license is granted or implied under any of Customer’s, or its licensors’, patents, copyrights, trademarks, trade names, service marks or other intellectual property rights beyond the rights and restrictions set forth in the Agreement.

3.3 Recordings

Go Testify hereby assigns all right, title and interest it holds in the copyright in and to the Recordings to Customer, subject to the limitations set out below.

3.4 License to Go Testify

Subject to the following, the Customer hereby grants to Go Testify a temporary, non-exclusive license to use the Customer Property solely for the duration and purposes needed to perform Go Testify’s obligations in connection with the Agreement.

Customer hereby grants to Go Testify a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license

provided that Go Testify will ensure that such Analyses and Promotional Content will not contain any Customer Confidential Information, or any information that could be used to individually identify Customer and/or any Customer Property.

3.5 User content

In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that participants have submitted to the Go Testify Platform for the purpose of the Customer’s playtest.

Participants have agreed to Go Testify’s policy on the requirements for the user content and refer you to the Participant Terms of Service.

4. Confidential Information

As between Customer and Go Testify, the following information (“Customer Confidential Information”) shall be Confidential Information of Customer:

As between Customer and Go Testify, the following information (“Go Testify Confidential Information”) shall be Confidential Information of Go Testify:

Notwithstanding the foregoing, neither Customer Confidential Information nor Go Testify Confidential Information shall include information to the extent that it:

The Recipient shall not use Confidential Information of Discloser except to fulfill performance of the Agreement and in accordance with its terms.

The Recipient shall not disclose Confidential Information of Discloser to anyone other than its employees, contractors, advisors, and agents, who are bound by obligations of confidentiality as restrictive as those set forth in the Agreement.

The Recipient will use at least the same standard of care to protect Discloser’s Confidential Information as it does with its own Confidential Information of similar nature, but in no event shall such standard fall below a reasonable standard of care.

Notwithstanding the foregoing, each party may disclose Confidential Information of the other party to the extent required by a court of competent jurisdiction or other applicable governmental authority or as required by applicable law, provided that such party uses reasonable efforts to notify the other party in advance of such disclosure so as to permit the other party to request confidential treatment or a protective order prior to such disclosure.

Each party acknowledges that breach of this provision may result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party may be entitled to seek injunctive relief to enforce the provisions of this section.

4.1 Participants’ Personally Identifiable Information

4.1.1 Personally Identifiable Information

Customer acknowledges that the Platform, Products and Tests are not intended to be used by Customer to collect and process information that can be used, either individually or in combination, to identify a particular individual (“Personally Identifiable Information” or “PII”). PII shall include “Personal Data” as defined under Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”).

The Customer acknowledges that some features of the Platform and Services enable the Customer to view a Participant’s face or person (“Face Recording”), which constitutes Personally Identifiable Information. Go Testify will take steps to comply with applicable privacy laws, which may include disclosure of the Customer’s name to the Participant. The Customer hereby consents to such disclosure to the extent necessary to comply with applicable privacy laws.

4.1.2 Restrictions on Collecting PII

Subject to the foregoing, Customer agrees that it will not require or request any PII from a Participant through the Platform without prior written notice to Go Testify. In the event Customer determines that it has collected PII (either as part of the Tests, Screener Questions, Screener Responses, Recordings, or otherwise) through its use of the Platform, the Customer:

Customer acknowledges that Go Testify will comply with applicable privacy laws with respect to such PII, which may include disclosure of Customer’s name as the owner of the Recording resulting from the Test.

Unless explicitly permitted in writing in an Order, under no circumstances is Customer permitted to request or collect social security, or other government disused identification numbers, medical or health-related information, or financial information from Participants through the Platform.

4.1.3 Obligations Regarding PII

The Customer is the “data controller” under the GDPR with respect to the Tests, Screener Questions, Screener Responses, Surveys and Recordings. The parties agree that Go Testify’s Data Processing Agreement shall apply to Go Testify’s processing of any Personal Data on behalf of the Customer.

Go Testify shall not be liable to Customer for any claims, causes of action, damages, judgments, settlements, and/or costs asserted by a third party or Customer as a result of any breach of privacy laws (including, but not limited to, the GDPR) or any fines, penalties or costs arising therefrom, to the extent caused by the collection, use, or processing of PII collected by Customer in violation of this Agreement.

5. No warranties

Go Testify expressly disclaims any warrant regarding the Platform, the Tests or the Services, express or implied, including the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

None of Go Testify, its affiliates, or their officers, Directors, employees or agents (collectively the “Go Testify Parties”) endorse any participant, test,sScreener response, survey response or recording (including, without limitation, any opinion, recommendation or advice expressed by any Participant). The Customer is solely responsible for any decisions made based on such information.

6. Limitations of liability

Except for either party’s intellectual property rights, or of the subsection titled “Confidential Information”, in no event will either party be liable for any damages for loss of use, lost profits, business loss or any other incidental, indirect, special, economic or consequential damages whether or not such party has been advised of the possibility of such damages. Go Testify shall have no liability for any damages that may result from the customers use or interpretation of the platform or the acts or omissions of the participants.

Go Testify’s aggregate liability for damages under this agreement shall be limited to amounts actually paid or payable by the Customer to Go Testify for the use of the Platform or Services under this agreement during the twelve (12) months immediately preceding the event that gave rise to such damages.

7. Indemnification

7.1.  Go Testify Indemnification Obligations

Go Testify agrees to:

If any Go Testify Product or the Platform becomes or, in Go Testify’s opinion, is likely to become, the subject of any claim or injunction preventing its use as contemplated herein, Go Testify may, at its option:

(i) obtain for the Customer the right to continue using the Product or Platform, or

(ii) replace or modify the Product or Platform so that it becomes non-infringing without substantially compromising its principal functions.

If (i) and (ii) are not reasonably available to Go Testify, then Go Testify may terminate this Agreement upon written notice to Customer and refund to Customer fees that were pre-paid for the then current term, pro-rated for the remainder thereof.

7.2. Customer Indemnification Obligations

The Customer agrees to indemnify, defend and hold Go Testify harmless against any claims, causes of action, damages, judgments, settlements, and/or costs:

7.3 Other parties

The Customer accepts that, as a limited liability entity, Go Testify has an interest in limiting the personal liability of its officers and employees. The Customer agrees that you will not bring any claim personally against Go Testify's officers or employees in respect of any losses you suffer in connection with the Platform.

The Customer agrees that the limitations of warranties and liability set out in this Platform disclaimer will protect Go Testify's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Testify.

7.4 Exclusions

Go Testify shall have no liability or obligation hereunder with respect to any indemnification claim based upon:

7.4. Required Procedures

Any claim for indemnification hereunder requires the following:

8. Exceptions

Nothing in this Platform disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Platform disclaimer will exclude or limit Go Testify's liability in respect of any:

9. Termination of the Contract

9.1 Cancellation

The Agreement between Go Testify and the Customer runs for a term specified within any executed proposal.

If a Customer wishes to cancel a subscription or test then they must send a cancellation request to support@gotestify.com outlining the reason why the test should be cancelled and date of the request.

Alternatively a Customer can write to us at:

Go Testify Limited,

Unit 17,

8 Cromac Avenue,

Belfast,

BT7 2JA,

Northern Ireland

9.2 Grounds for Termination

Grounds for such termination for cause include material breach of these Terms.

If the Customer fails or Go Testify has strong grounds to believe that he/she has failed to comply with any of the provisions of these Terms, Go Testify without notice may:

Go Testify reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time and Go Testify will not be liable to the Customer or any third party should it exercise such rights.

9.3 Refund

Our refund policy lasts 14 days from the date the invoice has been satisfied, should the request for a refund be received outside of the 14 days then no refund will be provided.

To be eligible for a refund, your purchased services must be unused. Any recruitment undertaken, data uploads or customisation of the service will qualify as usage of the service.

10. General Provisions

10.1 Assignment

Go Testify may transfer, sub-contract or otherwise deal with Go Testify's rights and/or obligations under these terms without notifying you or obtaining your consent.

The Customer may not transfer, sub-contract or otherwise deal with the Customer’s rights and/or obligations under these terms.

By using this Platform and entering into contract with Go Testify, the Customer agrees that the exclusions and limitations of liability set out in this Platform disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Platform.

10.2 Notices

Notice shall be deemed given upon receipt via e-mail, personal delivery, delivery by a postal courier (e.g., Royal Mail). Notices shall be sent to the address appearing on the applicable Order or an updated notice address delivered in writing (including by email) subsequent to an Order taking effect.

10.3 Law and jurisdiction

These terms will be governed by and construed in accordance with England, Northern Ireland, Scotland and Wales law, and any disputes relating to these terms will be subject to the jurisdiction of the courts of England, Northern Ireland, Scotland and Wales.

10.4 Publicity

Unless otherwise restricted in an Order, the Customer agrees that Go Testify may use Customer’s company name and logo on Go Testify’s client lists on Go Testify’s Platform, website, and marketing materials.

10.5 Miscellaneous

The parties to this Agreement are independent contractors and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.

No failure or delay by any party in exercising any right, power, or remedy under the Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power, or remedy. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.

Neither party will be responsible for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, war, acts of terrorism, riot, failure of electrical, Internet, co-location or telecommunications service, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or fuel crises.

10.5 Entire agreement

The terms within this Agreement, constitute the complete and exclusive agreement between the Customer and Go Testify in relation to your use of this Platform, and supersede all prior communications (both written and oral) regarding such subject matter.

Go Testify expressly objects to any additional or conflicting terms proposed by the Customer in a Customer purchase order or otherwise. No Customer shall modify the terms of the Agreement.

Go Testify may revise these terms from time-to-time. Revised terms will apply to the use of this Platform from the date of the publication of the revised terms on this Platform.

Please check this page regularly to ensure you are familiar with the current version.

10.6  Unenforceable provisions

If any provision of this Platform disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Platform disclaimer.

10.7  Breaches of these terms

Without prejudice to Go Testify's other rights under these terms, if you breach these terms in any way, Go Testify may take such action as Go Testify deems appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing any court proceedings against you deemed necessary.

10.8 Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

11. Updates to the Platform

From time to time, we may deploy or provide patches, updates, upgrades, additional content or other modifications to the Services (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns).

These updates and upgrades may result in the Services being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the Services for longer periods while we deploy these updates and upgrades. We will always try and give you notice of this, but it may not be possible all cases. We would always recommend that you have the latest version of the Services installed. If you do not install any update or upgrade then all of the functionality and features of the Services may not be available to you.

12. Contact

Go Testify Limited’s registered address is Unit 17 Ormeau Business Park, 8 Cromac Avenue, Belfast, Antrim, BT7 2JA (Company number: NI636713).

If you have any questions about these Terms, please contact us at support@gotestify.com

or by mailing us at the aforementioned registered address.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICE YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT GI THE RIGHTS SET FORTH HEREIN.