UserTest Pro Terms of Use for Clients

By using UserTest Pro, you agree to the following terms of use. If you do not agree to them, do not use UserTest Pro.
 

1. Definitions and Scope

1. Client means any user or entity registering on UserTest Pro to purchase usability testing services.

2. Testers refers to individuals who conduct usability tests via the UserTest Pro platform as independent contractors.

3. Services means the usability testing platform functionality, including test creation, recruitment, recording, reporting, and related features.

4. Dashboard refers to the client login page and UI where Clients configure and launch tests themselves.
    

2. Account Creation and Responsibilities

1. Clients must register with accurate company and contact information and maintain the confidentiality of their account credentials.

2. Clients are responsible for all activities performed under their account, including test configurations and payment authorizations.

3. Clients shall ensure that any information or content they provide (scenarios, tasks, URLs, prototypes, screener questions) complies with applicable laws and does not infringe third-party rights.
    

3. Self-Service Test Setup

1. Clients configure and launch tests directly via the Dashboard without requiring UserTest Pro staff intervention.

2. Test parameters include test name, description, type (website, mobile app, prototype), URL or prototype link, tasks/questions, demographic filters, and screener questions.

3. By launching a test, Clients confirm all settings are correct; UserTest Pro is not responsible for errors arising from incorrect configurations.
    

4. Marketing Consent

1. By registering, Clients consent that UserTest Pro may use anonymized or aggregated data (including videos, non-identifiable insights, or feedback) for marketing and promotional purposes by default.

2. Clients may opt out of such marketing use at any time by emailing support@usertestpro.com; opt-out does not affect prior uses but prevents future use of new data.
    

5. Intellectual Property

1. Clients retain ownership of all intellectual property in test content they provide and the insights derived from their tests.

2. UserTest Pro is granted a limited, non-exclusive, royalty-free license to use Client-provided content solely to deliver Services (e.g., to recruit Testers and process tests).

3. Clients acknowledge that Testers’ recordings and feedback generated belong to the Client commissioning the test.

4. UserTest Pro reserves the right to anonymize aggregated data for internal analytics, service improvement, or marketing (per Marketing Consent).
    

6. Confidentiality and Non-Disclosure

1. Clients must treat all test recordings, transcripts, and related materials as confidential and ensure they are not shared publicly or sold.

2. Clients agree not to contact Testers directly or hire them outside the platform to bypass UserTest Pro.

3. Clients shall implement appropriate internal security protocols when handling downloaded recordings or data.

4. UserTest Pro and Testers will keep Client materials confidential per the Tester Terms; however, UserTest Pro is not responsible for unauthorized actions by Testers beyond requiring confidentiality agreements.
    

7. Prohibited Uses

1. Clients shall not distribute, publish, or sell any recordings or test materials outside their organization except as anonymized aggregates or as otherwise permitted by a separate agreement.

2. Clients shall not instruct Testers to upload personal or sensitive information (e.g., real credit card details).

3. Clients shall not use the platform to conduct unlawful, defamatory, or infringing tests.
    

8. Payment and Refunds

1. Clients pay upfront via Razorpay once test configuration is finalized; tests activate immediately after successful payment.

2. Fees are non-refundable once a test is launched and credit consumed, except when a test result is unusable or fails quality standards; in such cases, Clients may request a replacement credit or refund.

3. No pro-rated refunds for partial test usage or mid-subscription cancellations.

4. Invoices are emailed within 1–2 business days after payment.
    

9. Termination and Suspension

1. UserTest Pro may suspend or terminate a Client’s access for breach of these Terms, non-payment, fraudulent activity, or misuse of the Services (e.g., violating confidentiality or prohibited uses).

2. In such events, UserTest Pro will provide written notice outlining reasons; immediate suspension may occur if urgent to protect confidentiality or security.

3. Clients may terminate their account at any time by contacting support; no refunds are provided for unused credits unless otherwise agreed.

4. Upon termination or account deletion, UserTest Pro may remove test data and recordings from its servers after a retention period (e.g., 90 days post-test) unless required to retain for legal reasons.
    

10. Representations and Warranties

1. The Services are provided “AS IS” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

2. Clients represent that they have authority to provide test content and that such content does not violate any third-party rights or laws.
    

11. Liability

1. Neither party excludes liability for fraud, gross negligence, or willful misconduct as permitted by law.

2. Each party’s cumulative liability for direct damages arising out of or related to these Terms shall not exceed the total fees paid by the Client to UserTest Pro for the specific test or subscription period giving rise to liability.

3. Clients and UserTest Pro agree that neither party shall be liable for incidental, indirect, special, consequential, or punitive damages, including lost profits, even if advised of their possibility.

4. Liability caps and exclusions of indirect damages are critical for mutual protection and sustainability.
    

12. Data Privacy

1. Use and handling of personal data shall comply with the Privacy Policy.

2. Clients consent to anonymized data use for marketing by default; opt-out via support@usertestpro.com.
    

13. YouTube Integration

1. If Clients use the “Upload to YouTube” function, they acknowledge that test videos are automatically uploaded as unlisted videos to their YouTube account, sharing data solely for this purpose.

2. Clients agree to comply with YouTube’s Terms of Service when using this feature.
    

14. Branding and Promotion

1. Clients grant UserTest Pro the right to feature their company name and logo on UserTest Pro’s website, marketing materials, and client lists, unless Clients opt out by written notice.

2. Either party’s trademarks remain the property of that party; no transfer of rights is implied except as expressly stated.
    

15. Relationship of the Parties

1. UserTest Pro and Clients are independent parties; these Terms do not create any agency, partnership, joint venture, or employment relationship.
    

16. Modifications to Terms

1. UserTest Pro may revise these Terms at any time by updating this posting; continued use of the Services constitutes acceptance of the revised Terms.

2. Clients should periodically review the Terms to stay informed of changes.
    

17. Governing Law and Dispute Resolution

1. These Terms are governed by the laws of India.

2. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bangalore, India.
    

18. Miscellaneous

1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

2. Waiver of any breach does not constitute waiver of subsequent breaches.

3. These Terms, together with the Privacy Policy, constitute the entire agreement between Client and UserTest Pro regarding the Services.