Terms & Conditions
GENERAL APPLICABLE TERMS AND CONDITIONS
Links to third-party websites
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 Buglance. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
No User shall submit, upload to, distribute through or otherwise post to the Site (including any Interactive Feature) 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 User’s own website, unless the website in question relates directly to a project on the Site; notwithstanding the foregoing, Users may post the URL of a website containing a portfolio of sample works or the User’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.
Buglance reserves the right (but is not obligated) to do any or all of the following:
(a) Record Interactive Content;
(d) Monitor, edit or disclose any Interactive Content; or
Buglance has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities. Users 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 Buglance;
(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 Buglance; or
(c) engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
A number of locations on the Site offer opportunities for sharing information and ideas with other Users or Members (the "Interactive Features"). Buglance does not edit or control the information or materials posted to or distributed through the Interactive Features by parties other than Buglance itself (the "Interactive Content"), and will not be in any way responsible or liable for Interactive Content, or any loss or damage that any person may suffer as a result of using Interactive Features. All Members use the Interactive Features at their own risk. Members should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world. No user of any Interactive Feature shall:
(a) Use an Interactive Feature for any purpose in violation of local, state, Federal, foreign, or international laws;
(b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any Interactive Content;
(d) Post any material more than once or "spam"; or
(e) Engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, Interactive Content, or the Site, or which, in Buglance's sole judgment, exposes Buglance or any affiliate of Buglance to any liability or detriment of any type.
Limitations on communication between users
You are prohibited from making direct contact or engaging in commercial transactions, with other Members or Bughunter and Buglance 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 Buglance or Buglance Customers outside of the uTest 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 Buglance or its affiliates or are the property of their respective owners and are protected by international copyright laws and conventions. Accessing the Buglance 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 Buglance or the applicable owner.
Transfer of Information
Disputes between Testers and Companies
Any disputes between Testers and Companies remain solely between such Companies and Testers. You acknowledge and agree that Buglance will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other Users of the Site, you hereby release Buglance from any and all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, relating thereto.
ll APPLICABLE TO CUSTOMERS
Any Company making use of the Site hereby acknowledges and agrees that, with respect to testing services, Buglance engages Testers to evaluate and provide software testing services. No guarantee is given that any or all test artifacts, including, but not limited to, bugs, test cases, test data, test scripts, and other test artifacts implemented by Buglance from time to time, (collectively, “Test Artifacts” or “Issues”) in connection with a Company’s software will be found, diagnosed, or resolved as a result of engaging Testers through the Site.
Buglance may, without liability hereunder and for the purpose of testing only, provide your Company’s confidential information (as defined below in Section VI (Terms for Products) of this Agreement) to Testers which have entered into non-disclosure agreements with Buglance. You may require, through Buglance’s platform, such Testers participating in the testing of your Company’s technology agree to a non-disclosure agreement directly with Buglance prior to such testing. For this purpose, confidential information shall mean any and all information which is either clearly marked as being confidential or which would be deemed confidential to a reasonable person receiving such information. Confidential information shall not include any information which (i) was in the public domain prior to disclosure, (ii) becomes part of the public domain through no wrongful act of Buglance, (iii) was already known to Buglance prior to such disclosure, or (iv) is independently developed by Buglance without reference to such confidential information.
Company’s confidential information shall not be disclosed by Buglance to Testers or on any public domain of Buglance. Confidential information shall not include any information which (i) was in the public domain prior to disclosure, (ii) becomes part of the public domain through no wrongful act of Buglance or Bughunter, (iii) was already known to Buglance prior to such disclosure, or (iv) is independently developed by Buglance without reference to such confidential information.
Buglance shall retain all right, title and interest in and to its pre-existing materials, software, technologies, methodologies, and know-how, including but not limited to its proprietary platform (the Platform”).
The Service is provided on an “as is” and “as available” basis. Buglance makes no representation or warranty concerning the honesty, capabilities, work history or financial condition of Testers who use Buglance. You agree that no guarantee is given that any or all bugs in a Company’s software shall be found and diagnosed as a result of engaging Testers through the Service.
You agree that your use of the Service does not permit you to claim that you are affiliated with or in any way associated with Buglance including representing yourself such on social networks, job sites, or any of its affiliates or subsidiaries or send any unsolicited e-mail (spam) in any way referring to any of the foregoing. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Buglance, or any other Buglance Service.
You understand that Buglance uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You understand and agree that the Service’s purpose is as a two-sided marketplace who bring Customers, who wish to have their software application, website, or other reviewed and persons who are willing to perform the service of reviewing the Product.
You agree not to reproduce, duplicate, copy, sell or exploit any portion of the Service, or access to the Service without the express written permission of Buglance.
You agree not to distribute unsolicited commercial messages (spam) through your account on the Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Buglance Customer, Tester, Employee, or Member will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
To the extent permitted by law, the total liability of Buglance, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is a limiter to the amount you paid us to the use excluding amounts paid to the testers through your use of the Service. In all cases, Buglance and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
The failure of Buglance to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Buglance and governs your use of the Service, superseding any prior agreements between you and Buglance (including, but not limited to, any prior versions of the Terms of Service).
Companies May Purchase:
- The subscription period begins upon signature of the Order Form or Statement of Work, as applicable, and payment is due upon receipt of invoice or by the end of a subscription period.
(ii) On-demand testing services for various lengths of time
You expressly grant, and represent and warrant that you have all rights necessary to grant, to Buglance, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, edit, and distribute your name, logo, or any other identifying words or marks used by and/or associated with you to identify you (“Your Marks”), in whole or in part, and in any form, media or technology, whether now known or hereafter developer, for use in connection with identifying you in case studies relating to your use of Service. Unless otherwise approved in writing by you, we will not remove, obscure, or alter any of Your Marks. Buglance acknowledges that all goodwill generated through our use of any of Your Marks will insure to your benefit and we hereby assign and will assign to you any and all goodwill generated through our use of any of Your Marks, without any payment or other consideration of any kind to us.
Unless you notify Buglance in writing, Buglance may display your company name, logo and public description on the Site or in other Buglance marketing materials.
You agree and acknowledge that Buglance may share anonymous information with the community, including data related to general testing time, standards, the average number of bugs found, the number of bugs fixed and additional aggregated statistical reports regarding Companies’ applications that are being or have been tested. Buglance will not specify any Company’s name or provide personal information relating to the Company (i.e. such as e-mail addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and/or the type of applications or software being tested.
lll APPLICABLE TO TESTING SERVICES
You agree to pay Buglance for all Test Artifacts which are either approved during the Acceptance Period or which are not timely declined during the Acceptance Period (i.e. which shall be deemed to constitute acceptance by you). You agree that Buglance is responsible for the analysis, testing, approving and fixing of bugs and other Test Artifacts reported by Testers. You agree not to use your buglance.com account to post false or misleading project descriptions. You may not post project descriptions that are inappropriate for Buglance’s audience, viewers, or visitors, as more fully described below . Buglance shall have sole discretion, in determining the appropriateness of any content posted to or available through its web site. You shall not falsify your identity or the identity of any third-party. You agree to comply with all of Buglance’s specified policies.
You agree and acknowledge that Buglance may aggregate and share anonymous information with third parties, including data related to general testing time, standards, the average number of bugs found and other Test Artifacts reported, the number of bugs fixed, and additional aggregated statistical reports regarding Companies’ applications that are being or have been tested. Buglance will not specify any Company’s name or provide personal information relating to the Company (including email addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and the type of applications or software being tested.
You agree not to solicit (other than by general advertisement), or hire, any employee or subcontractor of Buglance (including, without limitation, any Tester which performs testing services for Buglance) 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.
lV TERMS FOR PRODUCTS
These Product Terms and Conditions (“Product Terms”) govern Buglance’s provision of, and Customer’s use of certain Buglance Products purchased by Customer pursuant to an Order Form that references these Terms.
“Access Term” means the period during which Customer and the Authorized Users are licensed to use a Product as set forth in an Order Form.
“Authorized Users” means Customer’s employees and contractors who are authorized by Customer to use the Service.
“Collected Data” means data and information collected by Buglance from or through Customer Applications in the provision of the Products.
“Confidential Information” means
(a) a Party’s proprietary technology or computer software in all versions and forms of expression and the Products, whether or not the same has been patented or the copyright thereto registered, is the subject of a pending patent or registration application, or forms the basis for a patentable invention (collectively the “Proprietary Technology”);
(b) manuals, notes, documentation, technical information, drawings, diagrams, specifications, formulas or know-how related to any of the Proprietary Technology;
(c) information regarding current or proposed products, customers, contracts, business methods, financial data or marketing data, financial results and projections, company and market strategy, product roadmaps, product and competitive sales analysis and plans, product or marketing plans, pricing plans or structures, personnel and recruiting matters, and future releases, and all other information which would be deemed confidential to a reasonable person; and
(d) offers or proposals which are provided by a Discloser, including, but not limited to, the fees charged by Discloser and such Confidential Information is either
(i) intangible or other form and labelled “confidential” or the like, or
(ii) in a non-tangible form, including, but not limited to, oral information.
“Customer Application” means any of Customer’s developed software applications identified in an Order Form.
“Customer Content” means data, information, text, graphics, or other content provided, imported or uploaded through the Products in connection with a Customer Application, as well as the Collected Data.
“Documentation” means Buglance’s standard user manuals and other technical materials relating to the Products.
“Fees” means the fees to be paid by Customer to Buglance for a Product, as described in an Order Form.
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
“Mobile System Operator” means any third party that manages the distribution of applications for a specific mobile operating system.
“Order Form” means Buglance standard order form that
(i) specifies the Products or services provided to Customer;
(iii) is signed by authorized representatives of both Parties and deemed incorporated into the Agreement. Order Forms may include purchase orders with the understanding that no pre-printed terms contained in the purchase order will have any force or effect and that in the event of any conflict between the purchase order and this Agreement, the provision in this Agreement will prevail.
“Products”, collectively or individually, mean the products and related services identified in any Order Form, including Buglance Desktop Application, Bughunter Desktop Application, Bughunter Mobile Applications (iOS and Android), Buglance Screen Recorder Mobile Application, Buglance Website, and Bughunter Website, together with any related Documentation. Products specifically exclude Bughunter’s testing in the wild services, which is governed by a different set of terms.
“Restrictions” mean the usage limitations placed on Customer’s use of any Product as set forth in any Order Form. For example, Restrictions may include use of the Products in connection with only specific Customer Applications or a maximum number of Customer Applications that can be downloaded in connection with a particular Product.
“Sales and Use Tax” means any sales or use tax, and any other tax measured by sales, imposed by a taxing authority.
“Territory” means the territory set forth in the applicable Order Form.
As between the Parties, Customer is solely responsible for all aspects of the Customer Application, including all costs associated with its development. Without limiting the foregoing:
(a) Customer may need to submit Customer Applications to a Mobile System Operator for approval prior to distribution and Buglance does not guarantee acceptance of the Customer Application;
(b) Customer will bear sole responsibility for end-user support of the Customer Application;
(c) Customer will require any end-user or licensee of the Customer Application to agree to terms with Customer at least as protective of Buglance and the Products as this Agreement;
(d) Customer will ensure that any end-user of the Customer Application provides all necessary consents for Buglance to collect the Collected Data in accordance with this Agreement, and
(e) Customer will follow all applicable rules and regulations promulgated by each applicable Mobile System Operator. Buglancereserves the right to reject or suspend use of Products in connection with any Customer Application.
- a) Rights. Customer will ensure the legality and appropriateness of the Customer Applications and the Customer Content and that the Customer Content and Customer Applications do not infringe on the rights of any third party, including any intellectual property right, any right of privacy or publicity or contain any defamation. Customer will obtain all third-party licenses, consents and permissions needed for Customer to use the Customer Content to provide the Products. Buglance reserves the right, but does not undertake the obligation to remove all Customer Content that breaches Customer’s obligations under this Section.
- b) License. Customer Content will be and remain Customer’s property. Customer hereby grants to Buglance a limited, royalty-free, license: (a) during the Term to use, copy, display, disclose, modify and distribute the Customer Content solely for the purpose of providing the Products and (b) on a perpetual basis, to use, copy, display, disclose, modify and distribute the Customer Content to create and compile aggregated data and/or statistics; provided, however, in any such aggregated data or statistics, Buglance will ensure that the Customer Content is used in aggregated form only and in a manner that is not directly attributable to or identified with Customer.
V TERMS AND CONDITIONS GENERALLY APPLICABLE TO SERVICES AND PRODUCTS
These General Terms and Conditions (“General Terms”) govern Buglance’s provision of, and Customer’s use of Services and/or certain Buglance Products purchased by Customer pursuant to an Order Form that references these Terms, as applicable.
Terms and Termination
- a) Order Form Term. This Agreement will continue to apply as long as an applicable term(s) under an Order Form remains in effect, unless earlier terminated by either Customer or Buglance as set forth herein or therein (the “Term”).
- b) Termination for Breach. Either Party may terminate this Agreement immediately upon written notice in the event that the other Party materially breaches the Agreement and thereafter:
(i) in the case of a material breach resulting from non-payment of amounts due hereunder, has failed to pay such amounts within ten (10) days after receiving written notice or
(ii) has failed to cure any other material breach (or to commence diligent efforts to cure such breach that are reasonably acceptable to the terminating Party) within thirty (30) days after receiving written notice thereof. For the purpose of clarity and avoidance of doubt, termination for convenience is not available under this Agreement.
- c) Termination by Buglance. Buglance may at any time terminate this Agreement if:
(i) Buglance is required to do so by law (for example, where the provision of the Service to Customer is, or becomes, unlawful);
(ii) the provision of the Product to Customer by Buglance is, in Buglance’s opinion, no longer commercially viable; or
(iii) Buglance has elected to discontinue the Product (or any part thereof).
- d) Suspension of Products. At any time during the Term, Buglance may, immediately upon notice to Customer, suspend access to any Product, at its discretion, including for the following reasons:
(i) a threat to the technical security or technical integrity of any Product and
(ii) any amount due under this Agreement is not received by Buglance within ten (10) days of a notice that such amount is past due.
3. Warranty and Disclaimers.
- a) Limited Warranty. Buglance warrants that the Services shall be provided in accordance with industry standards and that the Products will conform to Buglance’s then-current Documentation in all material respects under normal use and circumstances. If Customer notifies Buglance of a breach of warranty, Buglance will reperform the nonconforming service. The foregoing constitutes Customer’s sole and exclusive remedy for any breach of warranty.
- b) Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER UNDERSTANDS AND AGREES THAT THE PRODUCTS ARE PROVIDED “AS IS,” AND BUGLANCE MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE PRODUCTS (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY BUGLANCE. BUGLANCE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. BUGLANCE CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUGLANCE, AN AFFILIATE OF BUGLANCE OR THROUGH THE SITE OR SITE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- c) Internet Delays. THE PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BUGLANCE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS OR ANY OTHER FORCE MAJEURE EVENT.
Buglance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly or annual subscription plan fees to the
Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
Buglance shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.