Terms and Conditions of Use for TestersLast updated on: July 21st, 2017
§ 1 — Description of Service and Scope
- PlaytestCloud GmbH, Otto-Suhr-Allee 145, 10585 Berlin, Germany (“PlaytestCloud”) has developed a software platform and service (the “Platform”) that enables PlaytestCloud Clients to run game tests and surveys for mobile and browser based games. The Platform matches Clients to Testers to perform and record game tests, remotely operated via the internet and to participate in surveys and other similar games research.
- These general terms and conditions (“T&C”) apply between PlaytestCloud and any user who registers to become a tester for games (“Tester”) and additionally to any agreed conditions regarding specific test procedures. The use of the Platform as well as any testing performed and/ or recorded by the Tester is provided exclusively on the basis of these T&C. Any Tester’s supplementary or deviating General Terms and Conditions do not become effective unless PlaytestCloud has explicitly agreed to them in writing.
- These current T&C can be accessed, downloaded and printed here: https://www.playtestcloud.com/player_terms_of_service. The T&C are not stored by PlaytestCloud after conclusion of the contract.
§ 2 — Conclusion of Contract (Use of Platform and Testing)
Use of Platform:
Completion of online registration on the platform constitutes a legally binding offer to conclude an agreement about the use of the Platform with PlaytestCloud. This in itself, however, does not constitute the conclusion of an agreement. An agreement about the use of the Platform only comes into force once PlaytestCloud expressly confirms the conclusion of the agreement to the Tester or the Tester’s account is activated.
Before testing a game for PlaytestCloud’s Clients, Tester has to successfully perform a free of charge and free of reimbursement sample game test provided by PlaytestCloud to Tester. In individual cases and at PlaytestCloud’s own discretion, PlaytestCloud might also accept a registered Tester without a prior completed sample game test.
PlaytestCloud will, on its own discretion, send emails to invite suitable Testers to apply for the testing procedure as described in detail in the invitation email. The invitation email shall not be construed as a binding offer to test the respective game. The invitation only provides a possibility to apply for a game test until PlaytestCloud closes the test. The game test will be closed when a sufficient number of Testers have finished the test. If no further requirements are described in the invitation email, an application for a game test shall be successful by applying for the game test before the test is closed. An application shall not be successful if the applying Tester already finished the respective game test.
After a successful application, the invited Tester will be able to start the recording of the game test until the test is closed. Once the Tester started the recording, the Tester will be able to finish the game test until the indicated deadline of possible participation expires. If no deadline is indicated in the invitation email, the game test expires 12 hours after the Tester has first started the recording of the game test.
A game test is successfully finished if the game has been played while fully being recorded by the Tester using the software provided by PlaytestCloud, as well as being completed by the Tester within the indicated deadline (defined as above).
PlaytestCloud may send emails to the Tester, inviting the Tester to fill out a survey on the terms indicated in the email. The requirements for participating a game test shall apply mutatis mutandis.
§ 3 — PlaytestCloud’s Rights and Obligations
Once registration has been confirmed as described in § 2 (1) PlaytestCloud will provide the Tester with access to the Platform via the internet.
PlaytestCloud is allowed but not obligated to send invitations for game tests, surveys or similar to registered Testers.
PlaytestCloud will endeavor to continuously update and develop the Platform, in particular to adapt it to technological progress and to eliminate errors. PlaytestCloud reserves the right to make changes to or entirely discontinue gratuitous Platform functions at any time.
Maintenance, updates of and modifications to the Platform may result in a Software usage impairment or disruption.
For any successfully performed game test in compliance with these T&C and the specific requirements as described in the invitation email, PlaytestCloud will reimburse the Tester in accordance with § 6.
§ 4 — The Tester’s Rights and Obligations (Testing)
All Testers commit themselves to follow all instructions and meet all requirements as described in the respective invitation email and this T&C while performing a game test, in particular:
- If asked for in the invitation email: Downloading the PlaytestCloud screen recorder (the “Screen Recorder”) and activating the Screen Recorder before starting a game test.
- If playing the game for a specific amount of time is required, the Tester must actively play the game for at least this amount of time. The required amount of time will be shown in the invitation email.
- The game test is only successfully performed if the game has been played by the Tester personally and actively during the test period and during this time has not violated any confidentiality provisions (e.g. letting another person play or talking to other people during the test).
- If filling out a questionnaire is required, all questions shall be answered in reasonable scope, using clear and comprehensible language.
- If “thinking out loud” is required, Testers must speak clearly and have a working microphone, so everything said is well understood.
It is the Tester’s responsibility to ensure that the equipment used meets the technical requirements for access to the Platform and for testing the games the Tester applies for, in particular regarding
- A secure, high speed internet connection.
- A personal, non-commercial device such as a computer, mobile phone, or tablet.
- Headphones or a headset compatible with their mobile device or computer.
- Under no circumstances is the Tester granted a general right to receive a specified number of invitations to test games, surveys or similar or to receive any invitations at all.
- All information disclosed to or received by the Tester during the activities as a Tester (especially information about the game, including screenshots, recordings and so on) shall be handled absolutely confidentially and in consideration of the separately concluded PlaytestCloud Tester NDA and the rights of use in § 7 during and beyond the term of this contract.
§ 5 — The Tester’s General Rights and Obligations
- The Tester assures neither to be working in or for/ with someone in the field of the game industry nor to being or working for/ with a game developer.
- Any Tester may only create one account. If PlaytestCloud finds a Tester to have more than one account, PlaytestCloud has the right to delete all accounts and block the Tester from registering again.
- The parties agree that with this contract no employment relationship shall be entered into. The Tester acts as an independent contractor for PlaytestCloud and it shall not be construed to make the Tester an agent, employee or legal representative of PlaytestCloud. The Tester will not be entitled to any benefits and is solely responsible for payment of taxes.
- The Tester hereby assures that all personal details given are accurate, complete and correct. If the Tester data should change at any time later, the Tester is obliged to correct and update the information in the Tester account immediately. The Tester is responsible to provide a valid PayPal address and postal address to enable timely payment.
- The Tester is not entitled to pass personal login data on to any third parties. Personal login data shall be treated with care and misuse of the login data by third parties is to be prevented. If the Tester becomes aware of improper use of his/her user account by third parties, the Tester must notify PlaytestCloud immediately.
- Communication between PlaytestCloud and the Tester takes place using the Tester’s given email address only.
- The Tester will not communicate directly with Clients of PlaytestCloud, unless expressly permitted by PlaytestCloud in individual cases.
- If malfunctions or other interruptions should occur during use of the Platform or during a testing process, the Tester will notify PlaytestCloud of this immediately.
The Tester must refrain from all actions likely to impair and/or overload the operation of the Platform or the game to be tested or the underlying technical backend. Such actions include in particular:
- the use of software, scripts or data bases in conjunction with the use of the Platform or game
- automatic reading, blocking, overwriting, modification, copying of data and/or other contents unless necessary for the proper use of the Platform.
§ 6 — Terms of Payment
- PlaytestCloud shall pay the agreed-upon fee (as mentioned in the invitation email) to the Tester for every test successfully performed and completely meeting all requirements and instructions as pointed out in this T&C, in particular § 4 (1), and the respective invitation email. Unless expressly agreed otherwise a game test is successfully performed, if the game has been played while fully being recorded by the Tester using software provided by PlaytestCloud as well as being completed by the Tester within the indicated deadline.
- Payments are due within 7 days after completion of the testing and shall be made via PayPal (to the account as indicated by the Tester), if not expressly agreed otherwise.
- If not indicated otherwise, payments for Testers located in the UK will be made in GBP and payments for Players located outside the UK will be made in USD.
- The Tester is an independent contractor and responsible for determining any tax liabilities incurred from payments received from PlaytestCloud.
§ 7 — Rights of Use
- The Tester grants PlaytestCloud an irrevocable right, unlimited in time and territory, to use all results of the testing procedure (including all video and audio recordings, conclusions, suggestions, comments) and any related reports made by the Tester or in connection with the testing under this T&C, with such right being fully transferable to third parties, in particular to PlaytestCloud Clients.
- The Tester agrees that PlaytestCloud’s right of use shall expressly include the use for own and any third parties marketing purposes, regardless of the medium used (for example online, print or TV) and waves the right to be named as the author.
- PlaytestCloud grants the Tester a simple, non-exclusive, non-transferable or sub-licensable personal right, which is unlimited in territory, to use the Platform and the games to be tested under these T&C. This right of use is limited to the purpose of this contract and the testing procedure. Any further reaching use is hereby excluded and requires PlaytestCloud’s, or respectively, the games’ owners’ prior separate written approval. In particular, Tester is not permitted to let third parties use their account either gratuitously or for a charge (for example by relinquishing login data). The Tester may not produce or have produced any copies or recordings of the contractual games, neither in part nor in full, nor publish or have published any copies or recordings to any third parties or the public. The contractual games as well as any software provided by PlaytestCloud may only be used on your personal, non-commercial devices, solely for the purpose of performing game tests.
- The Tester may not copy, duplicate or edit the contractual games, in parts or in full, unless necessarily and limited to the extent required for usage of the Platform or to perform agreed testing.
§ 8 — Suspension and Deactivation of the Tester Account
- If and insofar as the Tester uses the personal user account in a manner infringing the obligations pursuant § 4 or § 7 (3) or in the case of other serious breaches of duty and if there are substantial grounds for suspecting a breach of duty, PlaytestCloud is entitled to provisionally suspend or deactivate access to the Tester account.
- In the case of provisional suspension and/or deactivation pursuant to clause (1), the Tester is not entitled to open another account.
- If and insofar as PlaytestCloud becomes aware of improper use or misuse of the Tester’s account by third parties, PlaytestCloud may suspend access to and/or deactivate the account, if necessary, in order to stop such misuse by a third party. Reasonable suspicion of misuse by third parties is sufficient for PlaytestCloud to take such action. Simply access to the Tester account by a third party is deemed misuse by third parties. PlaytestCloud will notify the Tester of such suspension and/or deactivation immediately, and in the case of a suspension of the account will offer the Tester the option to restore access by entering new access data. PlaytestCloud will re-activate the previously deactivated account only, if it can be demonstrated that there is no longer any danger of misuse by third parties. In case of doubt, the Tester has to make sure that there is no such danger.
§ 9 — Contract Duration, Termination and Deletion of the Account
- The contract of using the Platform is concluded for an unlimited period and can be terminated by either party at any time with immediate effect, but not before an ongoing test has been completed, without having to give notice or reasons.
- The performing of a game test shall automatically be terminated by successfully completing the test procedure, including the transfer of any results (e.g. completed questionnaire or recordings), without further notice.
This shall be without prejudice to the parties’ right to terminate the contract without notice and for good cause. For PlaytestCloud there is good cause to terminate the contract, if
- the Tester severely violates his/her obligations set forth in § or in the case of other serious breaches of duty;
- the Tester continues or repeats the objected behavior after having received a warning notice and/or does not immediately remedy any adverse consequences of such breaches of duty which have already occurred.
- After general termination of this contract the Tester will no longer have access to his/her account.
§ 10 — Warranties
- PlaytestCloud will endeavor to ensure continuous uninterrupted operation of the Platform. This is limited to performances and services under PlaytestCloud’s control. The Tester acknowledges, however, that a complete and uninterrupted availability of the Platform is technically not feasible. Hence, PlaytestCloud may have to restrict access completely or partially, temporarily or permanently due to maintenance, capacity restrictions, and due to events beyond its control.
- PlaytestCloud will not be responsible for the proper functioning of the connection to the contractual resources in the event of power outages or server failures beyond PlaytestCloud’s control.
- The Tester has no right to the continuance of individual gratuitous functionalities of the Platform or the use of existing gratuitous functionalities.
§ 11 — Liability
- Unlimited liability: PlaytestCloud shall be liable for intent and gross negligence. PlaytestCloud shall be liable in cases of slight negligence in accordance with the provisions of the Product Liability Act, and for injury to life, body or health.
Limitation of liability: PlaytestCloud shall only be liable in all other cases of slight negligence.
- for breach of an essential contractual obligation, the fulfilment of which makes the due execution of the contract at all possible and upon the ob-servance of which the customer should be able to regularly rely (material obligation), and
- limited to the amount of the damage typical for this type of contract that was foreseeable at the time of concluding the contract.
- The above limitations of liability also apply to and in favour of PlaytestCloud vicarious agents and clients.
§ 12 — Indemnification
- The Tester shall indemnify PlaytestCloud, its employees and agents from any claims actions arising from alleged or actual infringements of the law and/or and from any and all third-party (including PlaytestCloud Clients) claims arising from the violation of any rights of third parties by the User in conjunction with the use of the Platform, in particular in violation of the prohibition to disclosure any confidential information.
- The Tester shall hold PlaytestCloud free and harmless for all the resulting claims of third parties and undertakes to reimburse all and any costs incurred by PlaytestCloud due to the recourse by third parties. The reimbursable costs include in particular the costs of pursuing and defending legal suits incurred by PlaytestCloud.
§ 13 — Assignment and Modification of the Terms and Conditions of Use
- PlaytestCloud shall be entitled to freely assign this agreement.
- PlaytestCloud may at any time revise or modify the provisions in these T&C with prospective effect.
- In case of assignment or modification of the T&C PlaytestCloud will notify the Tester in text form. With regards to any modifications a notification of the fact that they were modified as such and provision of a link to the updated T&C are sufficient. If the Tester does not object to the assignment or such modification(s) within two weeks after having been notified, this will be deemed as the Tester’s approval thereof; PlaytestCloud will point this out in the notice of an assignment or such modification.
§ 14 — Final Provisions
- Contract language is English.
- Should one or several of the provisions in this T&C be or become invalid, this shall not affect the validity of the remaining provisions.
- Berlin, Germany, shall be the exclusive venue for all disputes arising out of or in connection with this contract.
- These T&C shall be subject to the German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG)