Effective Date: November 6, 2025

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These Client Terms of Service ("Terms") are a binding agreement between UserTest Pro ("Company," "we," "us") and you ("Client," "you") governing your use of the UserTest Pro platform and services.

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SUMMARY OF KEY POINTS

What do you get?
Access to a platform for designing, launching, and analyzing user research tests. You can collect participant video, audio, responses, and clickstream data. You control who on your team sees what data.

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What do you pay for?
Subscription fees based on your plan (Starter, Professional, Enterprise). You're billed monthly or annually. Payments are processed by Razorpay or PayPal.

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Do you own your data?
YES. You retain full ownership of your test designs, participant data, reports, and insights. We are the processor; you are the controller.

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What if you upload prohibited data?
You're liable. Do not upload financial data, health records, or passwords. We are not responsible if you do.

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Can you download and delete your data?
Yes, anytime. One-click export to PDF/PowerPoint/MP4. One-click deletion. Cancel anytime; data is retained 90 days for download.

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What happens if there's a data breach?
We notify you within 24 hours. You must notify your participants within 48-72 hours if required by law.

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What about liability?
Our liability is capped at the amount you paid in the past 12 months (or $100, whichever is higher). We're not liable for data you uploaded in violation of these Terms.

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Disputes?
Governed by Indian law. Jurisdiction: Bengaluru courts.

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1. YOUR RIGHTS AND RESPONSIBILITIES

You Own Your Data:

• You retain full ownership of test designs, participant data, reports, and insights

• You can download, export, delete, or share your data as you wish

• We cannot use your data for our own purposes

• We cannot share your data with competitors or third parties (except as stated in this agreement)

You Must Comply With Law:

• Obtain informed consent from all research participants before recording

• Disclose that sessions will be recorded and data stored on AWS in the USA

• Explain how long data will be retained (90 days default)

• Comply with Indian data protection laws (DPDPA) and any applicable regulations in your jurisdiction

• Ensure you have the right to collect data from your participants

• You are responsible for ensuring research ethics and legal compliance

Prohibited Data—You Cannot Upload:

• Financial information (credit card numbers, bank accounts, PINs)

• Healthcare/medical records (unless you have proper authorization and ethical approval)

• Passwords or authentication credentials

• Highly confidential business information

• Anything that violates laws or third-party intellectual property

If You Upload Prohibited Data:

• You assume full liability for consequences

• We are not responsible for breaches, exposure, or misuse of this data

• We may delete it immediately without notice

• Your account may be suspended or terminated

• You remain liable for regulatory fines or penalties

Appropriate Use:

• Use the platform only for lawful research purposes

• Do not attempt to hack, reverse-engineer, or breach the platform

• Do not resell or redistribute platform access

• Do not conduct competing platform activities using our data

• Do not harass, discriminate, or violate anyone's rights in your research

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2. SUBSCRIPTION AND BILLING

Available Plans: Starter, Professional, Enterprise (see pricing page for details)

Billing:

• Billed monthly or annually based on your plan

• Payments processed by Razorpay or PayPal

• Invoices emailed to you upon payment

• You can download invoices from your account settings

Failed Payments:

• If payment fails, we'll notify you

• Service may be suspended after 3 days of non-payment

• Reactivate by updating payment information

Plan Changes:

• Upgrade anytime; changes take effect immediately

• Downgrade at the end of your current billing cycle

• Downgrading may restrict features; you'll be notified first

Cancellation:

• Cancel anytime in Account Settings → Subscription → Cancel Plan

• Cancellation takes effect at the end of your current billing period

• No refunds for monthly subscriptions

• Annual subscriptions are non-refundable

• You have 90 days from cancellation to download/export all your data

Price Changes:

• We may update pricing for new subscriptions or renewals

• Existing subscribers get notified before price changes take effect

• You can cancel if you disagree with new pricing

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3. PLATFORM FEATURES AND LIMITATIONS

What We Provide:

• Infrastructure to host and record your tests

• Participant panel (UserTest Pro Panel) for studies requiring participants

• Tools to design, launch, monitor, and analyze tests

• Team collaboration and access control features

• One-click export (PDF, PowerPoint, MP4 video) and one-click deletion

What We Do NOT Provide:

• Professional research consulting or analysis

• Guarantees of statistical significance or research validity

• Guarantees that results will be representative or predictive

• Participant recruitment (beyond our panel)

• Customized infrastructure or dedicated servers (at standard tier)

Uptime: We aim for 99.5% Platform availability (excluding maintenance). Scheduled maintenance is announced 48 hours in advance.

Limitations:

• Platform performance depends on your internet connection and device

• Very large video files (>500MB) may experience upload delays

• Tests exceeding 60 minutes may impact data quality and participant attention

• Some features may not be available on all browsers or devices

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4. DATA STORAGE AND SECURITY

Where Is Your Data Stored?
All data—including test videos, transcripts, responses, and team member information—is stored on Amazon Web Services (AWS) in USA.

Why Your Data Is on Our Servers (Not Yours):

• Real-time processing: Participant data (video, clicks, responses) must be instantly captured during tests. Routing to your servers would cause unacceptable delays and data loss.

• Redundancy: Automatic backup across multiple data centers is only possible with centralized infrastructure.

• Security: AWS provides encryption, DDoS protection, and network isolation that most individual companies cannot build themselves.

• Scalability: Our infrastructure automatically scales as your testing volume increases; you don't manage server capacity.

Encryption:

• At Rest: 256-bit AES encryption for all data in AWS S3

• In Transit: TLS 1.2+ encryption for all data transmitted to/from the Platform

• Keys: AWS KMS manages encryption keys.

Access Controls:

• Role-based permissions (Owner, Admin, Researcher, Collaborator, Viewer)

• Team members see only data you grant them access to

• You can revoke team member access immediately

• UserTest Pro staff access is restricted to operational necessity; all staff sign NDAs

Monitoring and Audits:

• 24/7 automated infrastructure monitoring

• Quarterly penetration testing and vulnerability assessments

• Regular security audits

• Actively pursuing SOC 2 Type II and ISO 27001 certifications (expected Q1 2026)

Breach Notification: If we discover a data breach, we'll notify you within 24 hours. Notification includes affected data, recommended actions, and contact information.

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5. DATA RETENTION AND DELETION

How Long Do We Keep Your Data?

• Test data: 90 days from test completion (you can adjust this in settings)

• Account information: While your account is active

• After cancellation: 90 days (to allow you to download/export data)

• Backups: 30 days before permanent deletion

• Anonymized data: Indefinitely (cannot re-identify to you or participants)

Deleting Your Data:

• One-click deletion: Select tests from your account → Delete. Data removed immediately from active systems; removed from backups within 30 days.

• One-click export: Export all data in PDF, PowerPoint and MP4 formats anytime. No limits on frequency.

• Participant deletion requests: If a participant requests deletion, you submit the request via the Platform. We delete within 5 business days.

• Account deletion: Cancel your account anytime. You have 90 days to download/export. After 90 days, all data is permanently deleted.

Deletion Is Permanent: Deleted data cannot be recovered. We will confirm deletion upon request.

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6. TEAM MANAGEMENT AND ACCESS CONTROL

Team Roles:

• Admin: Full account access, billing management, team member management. Can manage team members and projects

• Member: Can create and launch tests; cannot modify account settings or assign new members permissions.

• Viewer: Can view and comment on assigned tests. Read-only access to assigned tests

You Control:

• Who has access to your account

• What data each team member can see (test-level permissions)

• When to revoke team member access

• PII redaction (hide participant names from certain roles)

Removing Team Members: Immediate access revocation when you remove someone from your team.

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7. ACCEPTABLE USE POLICY

You Must NOT:

• Conduct research in violation of laws or research ethics guidelines

• Collect data from minors without parental consent

• Harass, discriminate, or harm research participants

• Attempt to hack, reverse-engineer, or breach the Platform

• Launch attacks on the Platform or infrastructure

• Share account credentials with unauthorized persons

• Conduct competing platform activities using our data

Consequences of Violation:

• Account suspension or termination (with or without notice)

• Deletion of prohibited content

• Refusal of refunds for remaining subscription time

• Legal action to recover damages

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8. THIRD-PARTY INTEGRATIONS

Optional Integrations:

• You can authorize integrations with third-party services (analytics, design tools, productivity apps)

• Third-party terms and privacy policies apply

• You can disconnect integrations anytime from Account Settings

• We are not responsible for third-party services

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9. INTELLECTUAL PROPERTY

You Own:

• All test designs, protocols, and scripts you create

• All participant data and responses

• All reports and insights generated

• All intellectual property in your research

We Own:

• Platform code, design, user interface, algorithms

• Platform documentation and help materials

• Aggregate, anonymized insights from Platform usage

Your License to Us:

• You grant us the limited right to host, process, and analyze your data to provide services

• You grant us the right to create anonymized, aggregate insights for Platform improvement

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10. WARRANTY DISCLAIMERS

What We DO Warrant:

• The Platform will be provided substantially as described

• We will use reasonable efforts to ensure data security

• We will comply with this agreement

What We Do NOT Warrant:

• That the Platform will be error-free or uninterrupted

• That your research will be statistically significant or valid

• That participant data will be representative or accurate

• That Platform features will meet your specific needs

• That we can prevent all unauthorized access or data loss

• That data will never be corrupted

Platform Provided "AS-IS":
Except as expressly stated, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

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11. LIMITATION OF LIABILITY

Our Liability Cap:
Our total liability arising from these Terms or your use of the Platform is limited to:

• The total amount you paid UserTest Pro in the past 12 months.

We Are NOT Liable For:

• Indirect, incidental, special, or consequential damages

• Loss of profits, revenue, data, or business opportunity

• Damages from third-party claims

• Damages from your weak password or credential sharing

• Damages from prohibited data you uploaded to the Platform

• Damages from unauthorized access despite security measures we implemented

This cap applies even if we've been advised of possible damages.

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12. INDEMNIFICATION

You Agree to Indemnify Us:
You will defend and hold UserTest Pro harmless from any claims, damages, losses, or costs (including legal fees) arising from:

• Your violation of these Terms

• Your violation of applicable laws

• Your infringement of third-party intellectual property rights

• Your conduct violating this Acceptable Use Policy

• Claims by research participants regarding your data practices

• Your upload of prohibited data to the Platform

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13. TERM AND TERMINATION

Term: Effective when you click "I Accept" or first use the Platform

Termination by You:

• Cancel anytime in Account Settings

• Cancellation takes effect at end of billing period

• No refunds for partial months (monthly) or remaining term (annual)

• You have 90 days from cancellation to download/export data

Termination by Us:

• If you violate these Terms, we provide notice and opportunity to cure (typically 5-10 days)

• If you conduct illegal activity or research, we may terminate immediately

• If your account is inactive 12+ months, we'll notify you 30 days before deleting data

• Repeated violations may result in immediate termination without notice

Upon Termination by Us:

• Your account access is revoked immediately

• Data is deleted after 30 days (no download available)

• You are not entitled to refunds

• You remain liable for all amounts owed

Sections That Survive Termination:

• Payment obligations

• Intellectual property rights

• Limitation of liability

• Indemnification

• Dispute resolution

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14. CONFIDENTIALITY

Mutual Obligations:

• You keep UserTest Pro's proprietary information confidential (Platform source code, infrastructure details, security mechanisms)

• We keep your research data and test designs confidential

• We do not disclose your data to competitors or third parties (except as permitted)

• We do not use your data for our own purposes

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15. DISPUTES AND GOVERNING LAW

Dispute Resolution:

1. Contact us at support@usertestpro.com with your issue

2. We'll respond within 30 days

3. Further disputes may proceed to litigation

Governing Law: These Terms are governed by the laws of India

Jurisdiction: Any legal proceedings shall be conducted in the courts of Bengaluru, Karnataka, India

You consent to jurisdiction in Indian courts.

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16. MISCELLANEOUS

Entire Agreement: These Terms, the Privacy Policy, and the Data Processing Agreement constitute the entire agreement.

Amendments: These Terms can only be amended in writing by authorized representatives.

Severability: If any provision is invalid, that provision is removed; the rest remains in effect.

Waiver: Our failure to enforce a provision doesn't waive that provision or future rights.

Assignment: You cannot assign your rights. We can assign to a successor company (with notice to you).

Changes to Terms: We may update these Terms for legal compliance, security, or clarification. Material changes are notified via email 30 days in advance. Your continued use after 30 days constitutes acceptance.

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17. CONTACT US

Support, legal or compliance or privacy questions:

• Email: support@usertestpro.com

• Response: 24-48 hours (business days)