Terms and Conditions
Unless otherwise agreed or envisaged by applicable law, these terms and conditions (the “Terms and Conditions”) are entered into between the Study Participant (the “Study Participant”, “Participant”) and UserTribe A/S (”UserTribe”) in connection with the Study Participant’s execution of the study for UserTribe via UserTribe’s websites, (usertribe.com, app.usertribe.com, test.usertribe.com and other subdomains to usertribe.com, together the “Website”), to be used by UserTribe in connection with UserTribe’s delivery of studies etc. to UserTribe’s clients and relevant third parties (together the “Clients”). By electronic acceptance of these Terms and Conditions via the online form, the Study Participant accepts these Terms and Conditions.
The Term and Conditions concerns your rights and obligations when using the Website and delivery of studies. If you do not accept these Terms and Conditions, is it not possible to be a Study Participant for UserTribe or use the Website for other purposes.
The Participant’s relationship with the Company will be that of an independent contractor and not that of an employee. At no point shall the Study Participant be considered an employee, principal or agent of UserTribe, thus the Study Participant will not be entitled to worker's compensation, retirement, insurance or other benefits afforded to employees of the UserTribe.
Any Study Participant acknowledges and agrees that, (i) any confidential information about UserTribe disclosed to the affected Study Participant or otherwise made accessible via the Website, in connection with these Terms and Conditions or in the framework as a study, is the proprietary and confidential property of UserTribe and undertakes to (ii) keep confidential and not disclose confidential information to any third party except if the confidential information is required to be disclosed by applicable law, provided that the relevant Study Participant (a) shall to the fullest extent legally permissible, notify UserTribe in writing of the information to be disclosed and of the circumstances in which the disclosure is alleged to be required as early as reasonably possible before such disclosure must be made and (b) shall take all reasonable action to avoid and limit such disclosure. If in connection with a study a password or created account as a Study Participant is provided, this may not be used after finishing testing. As a Study Participant, you may study websites or elements hereof that are not yet public, and the Study Participant shall also be prohibited from disclosing information.
The Study Participant acknowledges that any collection, storage and/or use of Client data will be in accordance with applicable law and agrees not to use any Client data for any other purpose than fulfilling its obligations pursuant to these Terms and Conditions.
Intellectual Property Rights etc.
All intellectual property rights in any material related to the Website, UserTribe or services provided by UserTribe, including trademarks, domain names, copyrights, patents, design rights, software, trade secrets, knowhow and other intellectual property rights connected to UserTribe’s products and services, belongs to UserTribe (or UserTribe’s Client. if relevant) with all rights reserved, and the Study Participants shall not receive any rights thereto. By accepting these Terms and Conditions, the Study Participant irrevocable accepts to transfer to UserTribe’s any potential rights connected to the delivering of the services for UserTribe.
Any Study Participant guarantees that no confidential, private or secret information delivered to UserTribe, the Clients or to the Website, infringes any intellectual property rights or other proprietary rights of any third party, and any Study Participant agrees to keep UserTribe indemnified against any and all liabilities UserTribe that may incur in connection with any claims or proceedings brought against UserTribe based on a claim that the information provided by a Study Participant to UserTribe and/or the Website infringes any intellectual property rights or third party rights belonged to a third party or current legislation.
Client and Study Participant Relationship
It is not allowed for the Study Participant to pass on personal information to the Client or to make contact to the Client. Any form of communication between the Study Participant and a Client on the basis of information given by a Client or through the Website is not allowed.
For as long as these Terms and Conditions are in force and for a period of 1 month after its termination, notwithstanding the reason, the Study Participant may not, directly or indirectly, as an independent contractor or as an employee, offer services or carry out work for the Clients without the prior written approval of UserTribe.
If the Study Participant is contacted directly by Clients, the Study Participant must refer the Clients to UserTribe and inform UserTribe of the correspondence.
Equipment and Technical Demands
In order to be able to complete a study, you as the Study Participant shall download screen recording equipment. See further instructions on the Website.
After a completed study UserTribe will look through and approve your video based on your ability to complete the study assignments and your equipment. Note that an approval is only valid for the specific machine used for test, due to the risk of technical problems. A Study Participant who uses another machine than one approved by UserTribe will have the study removed and lose the right to any fee.
UserTribe cannot be held responsible, if the equipment in any way damages your computer, software, hardware or other materials.
Any Study Participant accepts that UserTribe waives any and all liability for any loss caused by any type of breakdown of any of UserTribe’s IT-systems. UserTribe shall to the best of its ability, correct any errors, defects, loss or breakdown as quickly as possible.
Requirements for Study Participants
To be able to complete the study, the Study Participant shall fulfill an age requirement of 15 years old. The Study Participant needs to have access to a computer and an internet connection, which UserTribe does not pay for. Furthermore, the computer required shall have a microphone installed, because a voice recording is necessary to complete the “think-out-loud–test”. A webcam is not required, unless specified by the client, and in that case will the Study Participant be informed about that before the beginning of the study.
The Study Participant shall complete the following assignments:
- Recording computer, mobile or tablet screen, actions, click and voice while tasks are being completed on the Website or app.
- Answer a number of questions regarding different elements such as design, user-friendliness and offer advice and suggestions on these matters.
- Make the recorded video available for UserTribe for the purpose of distribution to Clients.
For professional reasons, UserTribe reserves the right to make the Study Participants profile inactive after at least one completed study.
The studies may cover specific topics and thus require the Study Participant to have enough experience or knowledge around the topic for the Participant to properly be able to answer the questions posed. If the Participant does not have the required knowledge or experience, they will be unable to participate, UserTribe reserves the right to reject a Participant even if they do possess these qualities in which case the Participant will be notified.
Sign up as a Study Participant
When signing up as a Study Participant the Participant will have the opportunity to complete a study that matches the individual Participant’s profile.
UserTribe reserves the right to reject Participants, if their completed studies do not meet the expected standards or are not in accordance with instructions made by UserTribe.
Payment for Satisfactory Completion of a Study
UserTribe’s services to the Clients must be at a high professional level, free of errors and deficiencies, and must meet UserTribe’s quality standards. UserTribe’s will routinely conduct quality assessments of the Study Participant's work and if the work fails to meet UserTribe’s quality standards or instructions, UserTribe may terminate the Study Participant without notice.
The Study Participant is committed to complete the agreed Studies within a specified deadline. If the services are not delivered on time and the Client demands a cancellation or reduction of price, this will result in a reduction of the Participant's payment.
For every completed study the Study Participant will receive a pre-agreed amount which the Study Participant accepts before the study begins. A study will take approximately 30 minutes to complete. UserTribe does not guarantee the Study Participant a specific number of assignments or fee.
The Study Participant will receive payment when UserTribe has approved the studies made. Payment to the Study Participant is made based on completed and approved tests.
UserTribe reserves the right not to pay out the fee to the Study Participant in the situation of the lack of the delivered study, including the following:
- Incorrect and misleading profile information.
- Bad prerequisites for completion of a “think-out-loud-test” such as background noise and none or bad sound quality
- Use of a machine and/or equipment that has not been approved.
- A study which does not comply with the expected standard or an incomplete study. It is for UserTribe or relevant Clients to decide if the study does not comply with the expected standard or if a test is incomplete. Among other things, this will be the case, if the Study Participant did not complete all the assignments or did not “think-out loud” in connection with an assignment.
Testers will be rewarded for their effort with a gift card, that will be delivered within a 10-business day period. In some cases, the rewards may be processed faster.
In some exceptional cases, cash payments can be offered as an alternative to gift cards. For Danish testers, the Study Participant shall pay taxes of the fee in accordance with Danish legislation hereof. Fees will be reported to e-Income as B-income, whereupon the fee will appear on the self-assessment tax form. Any tax and VAT matters of these Terms and Conditions are of no concern for UserTribe.
For international testers, cash payments can also be offered as an alternative to gift cards on an exceptional basis. Study Participants are responsible for ensuring that they comply with local laws with regard to any taxation due on these payments.
Any use of the Website is at one’s own risk. The content of the Website and all of the material on the Website, including contents and links, is at disposal on an “as is” and “as available” basis, and without any form of explicit or implicit warranties or guarantees, including e.g. that material from the website is suitable for a certain purpose or does not constitute any infringement of third party rights.
UserTribe explicitly waives any claim and liability for any loss arising out of using the Website or materials appearing on or relating to the Website.
UserTribe shall not be held liable for indirect or consequential damages, costs, expenses or other claims, directly or indirectly arising out of or in relation to these Terms and Conditions. UserTribe’s liability shall in any event be limited to the relevant Study Participant’s received fee for the foregoing 12 months period and is subject to the relevant Study Participant notifying UserTribe in writing hereof no later than three months after the occurrence of the claim.
The Study Participant may not harm, interrupt or disconnect the access to the Website or its content or do something that can reduce the functionality or impede with any users access to the Website or its content. The Study Participant may not use the Website or its contents in any way there are illegal or damaging for the Website, their affiliates or the Study Participants.
Assignment and Sub-Contracting
UserTribe is entitled to transfer, assign, subcontract or otherwise part with any or all of its rights and obligations under these Terms and Conditions to an assignee which is affiliated with UserTribe without your consent.
A Study Participant is not entitled to assign or sub-contract any rights or obligations under these Terms and Conditions to any assignee without UserTribe’s prior written consent.
If any provision or part of a provision in these Terms and Conditions are deemed invalid, void or for any reason unenforceable or in conflict with applicable law, such provision or part of a provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions in the Terms and Conditions.
Commencement and Termination
These Terms and Conditions shall be in force from the time of the Study Participant's electrical acceptance of these via the Website and shall remain in force until terminated in accordance with this provision.
Any Study Participant can at any time terminate the Terms and Conditions by giving a written notice to UserTribe.
UserTribe can at any time terminate the Study Participant’s profile and responses or terminate these Terms and Conditions - without stating a reason - by written notice to the concerned Study Participant’s email address or other contact information provided by the Study Participant.
When terminating in accordance with this provision, the provisions concerning intellectual property rights, confidentiality and applicable law and jurisdiction shall remain in force.
Governing Law and Jurisdiction
These Terms and Conditions shall be subject to and governed by Danish law to the exclusion of any rules on choice of law or jurisdiction that would refer the subject matter to another governing law or jurisdiction.
Any dispute that might arise from these Terms and Conditions shall be exclusively subject to the jurisdiction of the City Court of Copenhagen, Denmark.
If you have any questions or comments to these Terms and Conditions, please contact us via the Website, on firstname.lastname@example.org or by writing to us on the address: