Terms of Use for the Tester Work Community Members

Please carefully review the Terms of Use set forth below before using the Tester Work website (the “Site”). The terms “You”, “Your”, “User”, “Users”, or “Members” refer to anyone accessing our services or the Site for any reason. The terms “Tester Work”, “We”, “Us”, or “Our” refer to Tester Work. Your use of the Site is conditioned upon your acceptance of, and compliance, with the terms, conditions, restrictions and notices contained herein. Tester Work may amend or modify these Terms of Use without notice at any time by updating this posting. Your continued use of the Site after any modifications to the Terms of Use constitutes your agreement to be bound by all such modifications.

Summary of Terms to Follow:

1. Users cannot harvest or collect any identifying information by any means for the purpose of sending unsolicited email or other communications
2. Users cannot create more than one account
3. Users cannot use another member’s account at any time
4. Users cannot falsify info in their Tester Work profile, including name, location, devices or expertise
5. Users cannot reuse or repurpose any content on this site without the express written permission of Tester Work, or the original author in cases of guest contributor
6. Users cannot post or transmit any message that is libelous or defamatory
7. Users cannot:
   1. run unapproved testing,
   2. attempt security hacks,
   3. perform DOS attacks,
   4. automatically scan services
   5. or the like on Tester Work site or affiliated sites
8. Users cannot disclose any confidential information and data (especially about: testing process, testing software and products, bug, and Client data) to any unauthorized persons in or outside Tester Work
9. Users are responsible to ensure an appropriate level of security their electronic devices and confidential information and data
10. Users are responsible for notifying Tester Work immediately, after any breach of security, by emailing [email protected]
11. Users must comply with the Non-Disclosure Agreement (link)
12. Tester Work owns all content posted on our site and reserves the right to use this content within the normal course of operations for Tester Work.
13. Tester Work won’t sell, rent or share user’s’ private information with any third party, other than in the normal course of operations (eg: ticketing systems, submitted bugs, email tool for monthly newsletters, etc

• General Applicable Terms of Use

Tester Work offers a wide range of content, services, benefits, and other resources on the Site (collectively, the “Site Content”). You are hereby granted a non-exclusive, revocable, non-transferable, and non-assignable license to use and view the Site Content, subject to your continued compliance with these Terms of Use. Except as expressly permitted, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Tester Work. Some of the Site Content may relate to information regarding legal, financial, or technical matters. Any such content is solely for informational and general non-advisory purposes. Members should use their own efforts to confirm such information with a professional(s) in the pertinent field(s).

• Links to Third-party Sites

The Site may contain links to third-party websites. We do not monitor or control the linked sites, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Tester Work. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

• Limitations of Liability; Disclaimers of Warranties

By using the Site, each Member hereby agrees to fully indemnify Tester Work from and against any third-party claims relating to alleged infringement by such Member of a third party’s intellectual property rights. Tester Work and its affiliates make no representations or warranties of any kind regarding the Site and the Site Content. The Site and Site Content are provided in “AS IS” condition, and Tester Work and its affiliates expressly disclaim any and all warranties, whether express or implied, including: all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any and all warranties arising from course of dealing and usage of trade; that the site and the site content will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the site or the site content, and as to the accuracy or reliability of any information obtained from the site or the site content. No advice or information, whether oral or written, obtained by you from Tester Work, an affiliate of Tester Work, or through the site or site content will create any warranty not expressly stated herein. You use the site and the site content at your own risk, and neither Tester Work nor any affiliate of Tester Work will be liable for any damages of any kind arising from or relating to any of their operations, use or other exploitation. Under no circumstances will you be entitled to recover from Tester Work or an affiliate of Tester Work any direct, incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the site or site content, even if Tester Work or an affiliate of Tester Work has been informed or should have known of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you

• Site Restrictions

No Member shall submit, upload to, distribute through or otherwise post to the Site (including any service and platform) any material that:

(a) Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;

(b) Contains any advertising, promotional, solicitation or other commercial material, including the uniform resource locator (“URL”) of a Member’s own website, unless the website in question relates directly to a project on the Site; notwithstanding the foregoing, Members may post the URL of a website containing a portfolio of sample works or the Member’s résumé;

(c) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;

(d) Infringes any copyright, trademark or patent, incorporates any material that constitutes a trade secret of a third party, or violates any property rights, rights of privacy or publicity or any other rights of any third party;

(e) Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or

(f) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

• Tester Work reserves the right (but is not obligated) to do any or all of the following:

(a) Record Content;

(b) Investigate any allegation that Content or Registration Information does not conform to these Terms of Use;

(c) Remove Content that is abusive, illegal or disruptive, or that otherwise fails to conform with these Terms of Use;

(d) Monitor, edit or disclose any Content; or

(e) Edit or delete any Content, regardless of whether such content violates any of these Terms of Use. Tester Work and Tester Work‘s Affiliates have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

• Members may not:

(a) use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the Site Content without the prior written permission of Tester Work;

(b) contract employers or freelancers through the Site or using Site Content for the purpose of encouraging them not to use the Site or any other services offered by Tester Work; or

(c) engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.

• Eligibility

Tester Work shall have absolute discretion as to whether or not it permits a particular Member to use or access the Site or any Site Content. The Site is available only to individuals and entities which can form legally binding contracts under applicable law. The Site and the Site Content are not available to persons that are minors under the laws of their jurisdiction of residence or persons who do not have the legal authority to enter into binding contracts. By registering to use the Site as a Company, you represent to Tester Work that you have the authority to agree to these Terms of Use. Tester Work reserves the right to terminate any Member’s access to the Site without notice, at any time, for any or no reason. A Member found in violation of these Terms of Use, as determined by Tester Work in its sole discretion, shall forfeit any right to receive payment for or a refund of any amounts due from services rendered or paid for testing services. Tester Work reserves the right to pursue claims against Members for all damages (including but not limited to consequential damages, lost profits, indirect or punitive damages) arising from or relating to such Member’s use of the Site or the Site Content to the fullest extent of the law.

• Limitations on Communication between Users

You are prohibited from making direct contact or engaging in commercial transactions, with other Members or Tester Work and Tester Work Customers, whether through the Site or otherwise. Members agree not to post their email address, phone number, or any other method of contact outside of the Site or give any of the foregoing information to another User. Members also must not contact Tester Work or Tester Work Customers outside of the Tester Work Site and Platform.

• Rights in Site Content

Unless otherwise indicated, the Site Content, including all images, illustrations, icons, designs and written and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Tester Work or its affiliates or are the property of their respective owners and are protected by the U.S. and international copyright laws and conventions. Accessing the www.testerwork.com web site does not authorize Users to use any name, logo, trademark, or service mark in any manner.

Permission is granted to display, download, and print in hard copy format other resources of the Site solely for the purpose of using the Site as an internal or personal business resource. None of the resources may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied or reproduced without the prior written permission of Tester Work or the applicable owner.

• Use of Cookies

A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies are used to manage sessions on our site. We do not and will not use cookies to collect private information from any user which they did not intentionally submit to us

• Transfer of Information

We reserve the right to transfer your personal information in the event of a transfer of ownership of Tester Work or the acquisition of substantially all the assets of Tester Work related to the business which collected such information, such as acquisition by or merger with another company. In such an event, Tester Work will notify users who have provided email addresses when information about those users is transferred and becomes subject to a different privacy policy.

• Privacy and Personal Data Protection

Privacy Policy (link) is an integral part of these Terms of Use. We highly recommend reviewing our Privacy Policy. Privacy Policy describes how we collect and handle any information gathered from the Users. By accessing or using the Site You accept Privacy Policy and expressly consents to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy.

The User shall own all rights, title, and interest in the User Data and shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the User Data.

If at any time you are concerned or have questions about Privacy Policy and how we might be handling your data, please reach out to our Data Protection Officer at [email protected]

• General Provisions

By registering as a Member, you confirm that you are at least 18 years of age. Additionally, you acknowledge and agree that you are an independent contractor and not an employee of Tester Work. As a contractor of Tester Work, taxes are not automatically deducted from your earnings. You are responsible for reporting any earnings and taxes to the relevant tax authority in accordance with your local legislation. As an independent contractor, you are not entitled to participate in any employee benefits provided from time to time by Tester Work to its employees. You are responsible for providing and maintaining any equipment and Internet connectivity necessary for the performance of your duties as a Member. Tester Work is not obligated to provide any training, technical or administrative support or other assistance in connection with your duties as a Member. Tester Work does not guarantee that you will be assigned to any minimum number of software testing projects/cycles. Likewise, you may, in your sole discretion, elect to accept or decline to participate in any software testing project to which Tester Work invites you. In the event that you accept a software testing project from Tester Work, you will be informed of the deadline for the completion of the project. You will be responsible for determining when and how to perform the necessary testing services in order to meet the specified deadline for the project.

You hereby agree to transfer to Tester Work all intellectual property rights in the works created for Tester Work based on these Terms of Use. The “intellectual property rights” means all current and future intellectual property rights, including but not limited to patent rights, trademarks, or copyrights in any country, whether registered or not.

You acknowledge that through your use of the Site you will have access to new and developing software and information about Companies for whom you are evaluating software. As such, you acknowledge that you have an absolute duty of confidentiality regarding any and all applications, software, releases or other products (collectively, “Applications”) which you are testing, have tested, or will test, or any information you acquire, learn of, or otherwise have awareness of as a result of your use of the Site. This duty is owed to both Tester Work and any third-party suppliers of Applications or other Site Content; and such suppliers shall be entitled to enforce this promise as intended third party beneficiaries of these Terms of Use.

You warrant and represent that you shall not, under any circumstances, copy or attempt to copy by any means, reverse engineer or attempt to reverse engineer, take screenshots or video captures of, or otherwise store any Applications or other Site Content. You agree not to disclose any such Application, or Site Content to other Users or any third parties whether in person, through any digital media, blogs, news sources, social networks, or any other form of communication. You agree not to duplicate, use, or distribute the Applications being tested to anyone else. Applications are provided on the Tester Work platform for the sole purpose of testing and reporting bugs and other test artifacts (screenshots, videos, logs, etc.) through such platform and any other use is strictly prohibited. You hereby agree to indemnify and hold harmless Tester Work and its affiliates from any and all losses, claims, damages, fees, expenses or other liabilities arising from or relating to your release of information in violation of the foregoing and further acknowledge and agree that you shall be individually liable to any company who’s information you improperly distribute.

Unless otherwise prohibited by Tester Work or a Global App Testing customer pursuant to a specific Statement of Work or Order Form, your status as a Member does not preclude you from working as an independent contractor or employee of any other entity.

You agree not to solicit (other than by general advertisement), or hire, any employee or subcontractor of Tester Work (including, without limitation, any Member which performs testing services for Tester Work) either on behalf of Your Company or on behalf of any other company during the term of this Agreement and for a period of one year thereafter. You also agree not to communicate with Tester Work and Global App Testing Customers outside of the Tester Work Platform.

Prior to beginning work on any particular testing project/cycle, you shall verify and certify to Tester Work that you do not work for and are not affiliated with any competitor of the company whose software you will evaluate.

You are responsible for the appropriate security of your electronic devices used for the testing process and data you obtain. You should:

• use supported OS and applications and install the latest upgrades and patches (unless necessary to complete testing);
• use strong passwords and MFA (Multi-Factor Authentication) if applicable;
• change password every 6 months or every time you suspect that has been compromised;
• use encryption;
• use firewall, antivirus, and antimalware software;
• not disclose your password;
• not install any software from unverified source;
• no use unsecured WiFi or public WiFi without additional security measure (e.g. VPN);
• not backup testing data on a private cloud or insecure devices (e.g. without strong encryption and authorization);
• secure delete all testing data from all devices not later than 7 days after you upload it to the Service;
• be aware of social engineering attacks and phishing attacks;
• notify Tester Work immediately, if You believe that there has been any breach of security, by emailing [email protected].

You agree not to falsify the identity of yourself or any third-party. You agree to comply with all policies, rules, and regulations promulgated by Tester Work from time to time. You agree and acknowledge that Tester Work shall not be liable for any damage caused to any computer hardware or technology environments by use of the Tester Work service or performance of testing services through Tester Work. You acknowledge that your access to the Site, the Site Content, and your eligibility to participate in testing services as a Member is strictly conditioned upon your acceptance of such disclaimer of liability.

You shall be entitled to receive payment solely for bugs and other test artifacts that you identify during your performance of testing services and that you report to, and that are approved by, the applicable Company. You shall not be entitled to receive payment based on the time you spend analyzing bugs or other test artifacts or otherwise performing testing services. Further, only the first Member to identify and post a bug or other test artifact to the Site, which bug or other test artifact is approved by the applicable Company, shall be entitled to payment for identifying such bug or other test artifacts. Fees payable to Members may vary from project to project and may be changed by Tester Work at any time. The current fee payable for the identification of approved bugs or reporting of other test artifacts with respect to each project shall be posted to the email invitation or the applicable project’s page

You acknowledge and agree that each Company shall have the right to unilaterally accept or reject a test artifact reported by you and that you shall not receive payment for any rejected test artifact reports. You hereby agree and acknowledge that Tester Work shall have no liability for any such rejection by Companies, regardless of the reason for such rejection. Tester Work shall, in its sole discretion from time to time, promulgate rules and procedures regarding disputes by Members of Company rejections of test artifact and bug reports. Members shall have no right to either control or influence their fee rate or feedback regarding their reputation or success. In the event of any breach of these Terms of Use, as determined by Tester Work in its sole discretion, Tester Work shall have the absolute discretion to remove the breaching Member’s access to the Site immediately and without prior notification or explanation. In the event that Tester Work determines that a Member has engaged in fraud, Tester Work may freeze any funds deposited on a Member’s account (as described below) and shall have the right to report the offending Member to the appropriate authorities.

• Method of Payments to Members

Payments to Members by Tester Work shall be made one of two ways: 1) Members with a PayPal account may register the account on the Site and payments will be made directly to the Member’s PayPal account. or 2) Members may register for an Upwork account and payments will be made directly to the Member’s Upwork account. All amounts are stated in and all payments will be made in U.S. dollars.

It is each member’s responsibility to either register the member’s PayPal account with the site or register for an Upwork account. If within ninety (90) days after the end of the first calendar month for which a member is entitled to payment, the member has not registered the member’s PayPal account with Tester Work or registered for an Upwork account, then any right such member had to receive such amounts will be automatically forfeited.

Any funds received by Tester Work from an account determined to have made a fraudulent deposit (e.g. using a stolen credit card) will be reversed immediately. If in a fraudulent payment situation, a withdrawal has already been processed from your Tester Work account with respect to the funds in question, you will be expected to return the funds to your Tester Work account or face account termination and reporting by Tester Work to the appropriate authorities.

Additionally, all members recruited via UpWork are obliged to register on the Tester Work platform with an UpWork account as these members will be restricted from using PayPal as a payment option.

© Copyright 2022 Tester Work a Global App Testing platform

END OF Terms of Use