Summary of Terms to Follow:
- Users cannot harvest or collect any identifying information by any means for the purpose of sending unsolicited email or other communications
- Users cannot create more than one account
- Users cannot use another member’s account at any time
- Users cannot falsify info in their Tester Work profile, including name, location, devices or expertise
- 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
- Users cannot post or transmit any message that is libelous or defamatory
- Users cannot:
- run unapproved testing,
- attempt security hacks,
- perform DOS attacks,
- automatically scan services
- or the like on Tester Work site or affiliated sites
- 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
- Users are responsible to ensure an appropriate level of security their electronic devices and confidential information and data
- Users are responsible for notifying Tester Work immediately, after any breach of security, by emailing [email protected]
- Users must comply with the Non-Disclosure Agreement (link)
- 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.
- 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)
- 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;
(d) Monitor, edit or disclose any Content; or
- 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.
- 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.
- Transfer of Information
- Privacy and Personal Data Protection
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.
- 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 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 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.
- 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 registers 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.
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